Woods v. Banks
Superior Court of New Hampshire
Trover, for two hundred thousand feet of white pine logs. The timber was alleged to have been cut on lot 26, in the second division in the town of Brunswick, in the State of Vermont, to which the plaintiff claimed title; and to show an allotment of the township, the plaintiff introduced a copy of a charter of the township of Brunswick, granted by Benning Wentworth, governor of the province of New-Hampshire, dated October 13, 1761, to which the defendants excepted that the…
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Trover, for two hundred thousand feet of white pine logs. The timber was alleged to have been cut on lot 26, in the second division in the town of Brunswick, in the State of Vermont, to which the plaintiff claimed title; and to show an allotment of the township, the plaintiff introduced a copy of a charter of the township of Brunswick, granted by Benning Wentworth, governor of the province of New-Hampshire, dated October 13, 1761, to which the defendants excepted that the township was within the limits of Vermont. It appeared that Abel Camp was one of the original grantees in that charter.…
1Opinion of the CourtParker, C. J.
Matters of history are evidence in certain cases, but if the history is not admitted it must be shown. 1 Stark. Ev. 62. Here nothing was offered. The charter *109granted by the provincial governor of New-Hampshire cannot be presumed to have been valid in what is now Vermont, without any evidence upon the subject, if the matter is contested. The court are not to take judicial notice how far those grants extended, and how far they have been acted under, and furnish the foundation of the titles there. Some evidence should have been offered on this point.
Where certified copies of records are offered,…
2Cases cited6 opinions
- Jackson ex dem. Duncan v. HarderNew York Supreme Court · 1809
- Riley v. JamesonSuperior Court of New Hampshire · 1823
- Sessions v. LittleSuperior Court of New Hampshire · 1838
- Wendell v. BlanchardSuperior Court of New Hampshire · 1822
- Gordon v. ShurtliffSuperior Court of New Hampshire · 1836
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Yuba River Sand Co. v. City of MarysvilleCalifornia Court of Appeal · 1947
- State v. HendrixSupreme Court of Missouri · 1932
- Parker v. BrownSuperior Court of New Hampshire · 1844
- Carpenter v. BaileySupreme Court of New Hampshire · 1876
- Wallace v. GoodallSuperior Court of New Hampshire · 1846
4 more not listed; retrieve them via the Exa API.