Pike v. Hayes
Superior Court of New Hampshire
Trespass quare clausum fregit. Plea, the general issue. The plaintiff and defendant were children of Elihu and Betsy Hayes, both deceased, who lived on a farm, part of which belonged to the husband in his right, and a part of it belonged to the wife in her right. The plaintiff owned the land of the husband, and the defendant owned that of the wife, and the question in controversy was, whether the acts were done on the land of the wife, or on that of the husband.
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Trespass quare clausum fregit. Plea, the general issue. The plaintiff and defendant were children of Elihu and Betsy Hayes, both deceased, who lived on a farm, part of which belonged to the husband in his right, and a part of it belonged to the wife in her right. The plaintiff owned the land of the husband, and the defendant owned that of the wife, and the question in controversy was, whether the acts were done on the land of the wife, or on that of the husband. In connection with other testimony to show the boundaries of the respective lots, the defendant introduced evidence of the…
1Opinion of the CourtGilchrist, J.
The declarations of Mrs. Hayes do not come within the description of declarations against interest. When she made them, there was no controversy about the boundaries of the respective lots. No person set up any claim to the locus in quo which she was called upon to resist, nor did she admit that the land of which she was in possession belonged to another. They were not declarations against her interest, unless it be against the interest of a landholder to admit that his land has any boundaries whatever. They were simply statements where the boundary was between her land and that of her…
2Cases cited3 opinions
- Jackson ex dem. Griswold v. BardNew York Supreme Court · 1809
- Jackson ex dem. M'Donald v. M'CallNew York Supreme Court · 1813
- Shepherd v. ThompsonSuperior Court of New Hampshire · 1827
3Cited by2 opinions
- Kennett's PetitionSuperior Court of New Hampshire · 1851
- Smith v. PowersSuperior Court of New Hampshire · 1844