Pevare v. Towne
Supreme Court of New Hampshire
From Merrimack Circuit Court. Trespass, quare clausum. The premises on which the trespasses were committed are described in the writ as follows: “ Containing about three acres, bounded on the north by a certain brook and land of the plaintiff and defendant, on the east by land of the plaintiff, on the south by land of the defendant and the Merrimack county farm, and on the west by land of the defendant.”
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From Merrimack Circuit Court. Trespass, quare clausum. The premises on which the trespasses were committed are described in the writ as follows: “ Containing about three acres, bounded on the north by a certain brook and land of the plaintiff and defendant, on the east by land of the plaintiff, on the south by land of the defendant and the Merrimack county farm, and on the west by land of the defendant.” The action was referred under the act of 1874. The referee appointed a hearing for July 9, 1875, when the parties appeared, and the defendant not being ready to proceed, the hearing was…
1Opinion of the Court
FROM MERRIMACK CIRCUIT COURT. Whether the title to real estate is called in question in actions of trespass qu. cl. will appear from the pleadings, or from the evidence given on the trial. Ward v. Bartlett, 1 N.H. 14; Batchelder v. Green, 38 N.H. 265.
No plea appears to have been filed until the time fixed for the trial, when the defendant by his pleadings admitted that as to so much of the locus in quo as is situate north of a given line he had committed trespass to the amount of six dollars, which amount he confessed the plaintiff was entitled to recover; that as to the residue of the…
2Cases cited3 opinions
- Ward v. BartlettSuperior Court of New Hampshire · 1816
- Bachelder v. GreenSupreme Court of New Hampshire · 1859
- Crosby v. MooreSuperior Court of New Hampshire · 1832
3Cited by2 opinions
- Carpenter v. BrittonSupreme Court of New Hampshire · 1881
- Jones v. LaneSupreme Court of New Hampshire · 1885