Legal Opinion

Windham v. Jubinville

Supreme Court of New Hampshire

Decided March 3, 1942No. 3312PublishedCited by 6 opinions

1Opinion of the CourtBurque, J.

There is ample evidence to sustain the court’s findings, ruling, and decree. In the absence of a brief for the defendant it is impossible to know what the defendant relies upon for his appeal, except such as we find in the record in his argument to the Superior Court.

It appears the right of way in question was used freely, continuously, and uninterruptedly, under a claim of right, by the public, for a period of over twenty years prior to defendant’s acquisition of title to his property. It was originally known as “The Old County Road.” It was a well-defined road, used among other purposes for…

2Cases cited5 opinions

  1. Gowen v. SwainSupreme Court of New Hampshire · 1939
  2. Wason v. NashuaSupreme Court of New Hampshire · 1931
  3. Harrington v. ManchesterSupreme Court of New Hampshire · 1912
  4. New England Box Co. v. WoodSupreme Court of New Hampshire · 1923
  5. State v. HutchinsSupreme Court of New Hampshire · 1919

3Cited by6 opinions

  1. Catalano v. Town of WindhamSupreme Court of New Hampshire · 1990
  2. Williams v. BabcockSupreme Court of New Hampshire · 1976
  3. Mahoney v. Town of CanterburySupreme Court of New Hampshire · 2003
  4. Davenhall v. CameronSupreme Court of New Hampshire · 1976
  5. City of Rochester v. Marcel A. Payeur, Inc. & a.Supreme Court of New Hampshire · 2016

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