Hitchcock v. Libby
Supreme Court of New Hampshire
The wood cut by the defendants was worth on the stump $30.15; after cutting, on the lot, $43.52; and in the market, $58.52. The defendants knew that the plaintiff claimed the wood, and were forbidden by her to cut and carry it away. The plaintiff moved for judgment in her favor, and the defendants for judgment in their favor.
1Opinion of the CourtChase, J.
It appears that there was a controversy in 1878 between the owners of lots 164 and 165 as to the location on the ground of the dividing line between the lots. The referee has so found, and the claim made by the owner of lot 165 that the line wasat an old Jog fence westerly of the new channel of Peabody river, together with the act of the parties in causing a survey of the line to be made, tended to prove the fact. It does not necessarily follow from the establishment of the line in 1853 that there could be no controversy about it twenty-five years later. The parties interested in the line in…
2Cases cited1 opinion
- Vosburgh v. . TeatorNew York Court of Appeals · 1865
3Cited by4 opinions
- Kitchen v. ChantlandSupreme Court of Iowa · 1905
- Norberg v. FitzgeraldSupreme Court of New Hampshire · 1982
- Meloon v. ReadSupreme Court of New Hampshire · 1905
- National Bank v. SayerSupreme Court of New Hampshire · 1906