Orr v. Hadley
Supreme Court of New Hampshire
TRESPASS, for breaking and entering the plaintiff’s close, and cutting wood and timber. The question was as to the dividing line between the land of the parties. The defendants relied in part upon an agreement establishing the line claimed by them, entered into by one Roberts, a former owner of the plaintiff’s land, with one of the defendants.
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TRESPASS, for breaking and entering the plaintiff’s close, and cutting wood and timber. The question was as to the dividing line between the land of the parties. The defendants relied in part upon an agreement establishing the line claimed by them, entered into by one Roberts, a former owner of the plaintiff’s land, with one of the defendants. There was evidence that the land was, at the time of said agreement, under mortgage to William Orr, the plaintiff’s grantor, but the plaintiff did not, at the trial, claim title by or under said mortgage. The court charged that a mortgagor in possession…
1Opinion of the CourtEastman, J.
The line between adjoining owners of land may be established by them by a parol agreement, and such agreement, when executed, is conclusive upon the parties and all claiming under them. Sawyer v. Fellows, 6 N. H. 107 ; Eaton v. Rice, 8 N. H. 378 ; Wakefield v. Ross, 5 Mason 15 ; Boyd’s Lessee v. Graves, 4 Wheat. 513 ; Jackson v. Ogden, 7 Johns. 238 ; Rockwell v. Adams, 7 Cowen 761.
Richardson, C. J., in Eaton v. Rice, says that such is the well settled rule in this State, and that the parties and all claiming under them will be forever bound by the agreement.
The mortgagor of real estate, as…
2Cases cited17 opinions
- Boyd's Lessee v. GravesSupreme Court of the United States · 1819
- Daniel Boardman and Others, in Error v. The Lessees of Reed and Ford, M'call and Others, in ErrorSupreme Court of the United States · 1832
- Hitchcock v. HarringtonNew York Supreme Court · 1810
- Lawrence v. HuntNew York Supreme Court · 1833
- Powell v. WatersNew York Supreme Court · 1819
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3Cited by3 opinions
- Case v. St. Mary's BankSupreme Court of New Hampshire · 2013
- Fletcher v. ChamberlinSupreme Court of New Hampshire · 1881
- Guaranty State Bank v. CommissionerUnited States Board of Tax Appeals · 1928