Wells v. Burbank
Superior Court of New Hampshire
Trespass, for breaking and entering the plaintiff’s close in the township of Success, and cutting and carrying away certain pine trees, &c. Plea, the general issue. The plaintiff offered evidence to show the cutting of timber upon the locus in quo, sufficient to support the action, if he had a title.
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Trespass, for breaking and entering the plaintiff’s close in the township of Success, and cutting and carrying away certain pine trees, &c. Plea, the general issue. The plaintiff offered evidence to show the cutting of timber upon the locus in quo, sufficient to support the action, if he had a title. He claimed title under a sale for State taxes, made by the sheriff of the county of Coos, January 4, 1842, and a like sale for county taxes on the following day; and he offered in evidence : 1. The charter or grant of the township of Success, dated February 12,1773, in the usual form of such…
1Opinion of the CourtParker, C. J.
Success appears to be an unincorporated place. The charter, as it is called, of February 17, 1773, is a grant of the land within the limits specified, and the grantees might therefrom make partitions of the lands thereby granted. For that purpose they were quasi a corporation, and tracts of land thus granted are usually denominated townships. But this grant does not constitute a town within the meaning of the statutes. It confers no right upon the proprietors to exercise town privileges. Most of the grants of this character were made, as in this ease, before there were any inhabitants of the…
2Cases cited5 opinions
- Libby v. BurnhamMassachusetts Supreme Judicial Court · 1818
- Smith v. KnowltonSuperior Court of New Hampshire · 1840
- Proprietors of Cardigan v. PageSuperior Court of New Hampshire · 1833
- Brown v. DavisSuperior Court of New Hampshire · 1837
- Wheelock v. HallSuperior Court of New Hampshire · 1825
3Cited by3 opinions
- Copp v. HennikerSupreme Court of New Hampshire · 1875
- Cahoon v. CoeSupreme Court of New Hampshire · 1876
- Cahoon v. CoeSupreme Court of New Hampshire · 1876