Thompson v. Major
Supreme Court of New Hampshire
Trespass, guare clausum. Tlie close is a lane in Derry, about forty rods long and two rods wide, and tlie plaintiff claimed title to tlxe whole, and that the dividing line between his land and the defendant’s was the east line of the lane. The defendant claimed title to the east half of the lane; that the lane was a private way by prescription, appurtenant to 1ns land; and that it was a public highway by prescription.
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Trespass, guare clausum. Tlie close is a lane in Derry, about forty rods long and two rods wide, and tlie plaintiff claimed title to tlxe whole, and that the dividing line between his land and the defendant’s was the east line of the lane. The defendant claimed title to the east half of the lane; that the lane was a private way by prescription, appurtenant to 1ns land; and that it was a public highway by prescription. The plaintiff claimed that the close had been a highway laid out by the selectmen of Londonderry in 1760, and discontinued by Derry, once part of Londonderry, in 1865. The…
1Opinion of the CourtAllen, J.
The record of the laying out of the highway in 1760 was evidence of the facts recited in it — 1 Greenl. Ev., ss. 484, 493 ; Seavey v. Seavey, 37 N. H. 125, 132 — and evidence of the legal laying out of a highway. State v. Richmond, 26 N. H. 232, 246; Wiley v. Portsmouth, 35 N. H. 303, 309, 310; Hayward v. Bath, 38 N. H. 179, 187.
The highway was laid out by the selectmen of Londonderry, and being in that part of the town which, by division, became Derry, stood on the same ground, after the division, as if laid out by the selectmen of Derry. The lawful acts of the selectmen of Londonderry upon…
2Cited by10 opinions
- Hall v. NascimentoSupreme Court of Rhode Island · 1991
- Williams v. BabcockSupreme Court of New Hampshire · 1976
- Davenhall v. CameronSupreme Court of New Hampshire · 1976
- Gill v. GerratoSupreme Court of New Hampshire · 2006
- Manchester v. HodgeSupreme Court of New Hampshire · 1908
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