Moore v. Hodgdon
Superior Court of New Hampshire
Trespass, for breaking and entering the plaintiff’s close in Epping, on the 15th of May, 1845, and preventing the plaintiff from placing a building upon it. It appeared upon the trial that the locus in quo is a narrow strip of land, lying on the southerly side of Lamprey river, between the river and the traveled part of the highway which comes near the bank.
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Trespass, for breaking and entering the plaintiff’s close in Epping, on the 15th of May, 1845, and preventing the plaintiff from placing a building upon it. It appeared upon the trial that the locus in quo is a narrow strip of land, lying on the southerly side of Lamprey river, between the river and the traveled part of the highway which comes near the bank. The defendant, E. S. Hodgdon, is the owner of a blacksmith shop, situated between thq traveled path and the river, and the land in question lies easterly of the shop and along the margin of the stream. The plaintiff had a deed of the…
1Opinion of the CourtGilchrist, J.
The plaintiff having, on the morning of the 15th of May, 1845, entered upon the locus in quo under a deed, must be adjudged from that moment to have been in possession of it, and entitled to maintain this action, unless the defendant can show an earlier possession; for it does not appear that either has any title.
Long before that time the defendant had been accustomed to use the land, which was very near his shop, for purposes connected with his trade; but there was nothing in his use of it that excluded others from using it also, or indicated, on his part, an intention of excluding them. His…
2Cases cited5 opinions
- Bailey v. CarletonSuperior Court of New Hampshire · 1841
- Whittier v. VarneySuperior Court of New Hampshire · 1839
- Hale v. GliddenSuperior Court of New Hampshire · 1839
- Straw v. JonesSuperior Court of New Hampshire · 1838
- Smith v. HosmerSuperior Court of New Hampshire · 1835