Boynton v. Hodgdon
Supreme Court of New Hampshire
Trespass, qu. cl. Plea, the general issue. Facts found by referees. There were sixty original proprietors of the town of Kilkenny, and one hundred and twenty lots lotted, two lots being drawn to each proprietor. The rest of the town, comprising a large part thereof, was undivided. The town is uninhabited.
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Trespass, qu. cl. Plea, the general issue. Facts found by referees. There were sixty original proprietors of the town of Kilkenny, and one hundred and twenty lots lotted, two lots being drawn to each proprietor. The rest of the town, comprising a large part thereof, was undivided. The town is uninhabited. The plaintiffs in 1863 became the owners of twenty-eight and one third sixtieths of the town, by purchase of that number of the rights of the original proprietors thereof, by undisputed titles. They also held deeds of warranty of nine and two thirds sixtieths of the town from different…
1Opinion of the CourtSmith, J.
In trespass qu. cl., tenants in common should join as plaintiffs. The action is for an injury to the possession, and the possession is joint. 1 Ch. Pl. 52; 4 Kent Com. 368; Campbell v. Wallace, 12 N. H. 370; Webber v. Merrill, 34 N. H. 202, 208.
By the unquestioned conveyances to the plaintiffs of twenty-eight and one third sixtieths of the town in 1863, they became seized of fifty-six and two thirds lots which had been allotted, and twenty-eight and one third undiA'ided sixtieths of the part which had not been allotted. The defendant takes under a deed from Green, whose title is derived from…
2Cited by4 opinions
- Cataldo v. GrapponeSupreme Court of New Hampshire · 1977
- Riverwood Commercial Properties, Inc. v. ColeSupreme Court of New Hampshire · 1994
- Cheever v. RobertsSupreme Court of New Hampshire · 1926
- Cate v. CateSupreme Court of New Hampshire · 1921