Griffin v. Bixby
Superior Court of New Hampshire
Trespass, for breaking and entering the plaintiff’s close, in Litchfield, November 1, 1838, and on other days, &c. Plea, the general issue. Hugh Nahor, the former husband of Elizabeth Bixby, who is one of the defendants, was the owner of a farm in Litchfield. Upon his death, her dower in said farm was set off, April 12, 1815, by a committee appointed for that purpose.
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Trespass, for breaking and entering the plaintiff’s close, in Litchfield, November 1, 1838, and on other days, &c. Plea, the general issue. Hugh Nahor, the former husband of Elizabeth Bixby, who is one of the defendants, was the owner of a farm in Litchfield. Upon his death, her dower in said farm was set off, April 12, 1815, by a committee appointed for that purpose. In the return of the committee, they described the southerly line of the tract set off, as running from “ a pine tree marked, with stones at the root”, north 82 degrees east, “ to the east end of said lot.” There are…
1Opinion of the CourtParker, C. J.
If the committee had not ran out and marked a line when they set off the dower of Mrs. Nahor, the course mentioned in the return must have determined the boundary between the parties ; and parol evidence could not have been admitted to show that there was previously a marked line there, varying from the course, and that the committee intended to adopt that line. 16 Pick. R. 235, Allen vs. Kingsbury. But in this case the committee marked a line, and in this respect the present case differs from that just cited, where the monuments were not erected at the time the dower was set off, but at some…
2Cases cited1 opinion
- Odiorne v. LyfordSuperior Court of New Hampshire · 1838
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