Cobleigh v. Young
Superior Court of New Hampshire
Trespass, alleging that the defendant broke and entered the River lot, No. 13, in the town of Lisbon, on the west side of Ammonoosuc river, containing 100 acres, and cut and carried away certain timber. Plea, the general issue. The plaintiff offered in evidence a deed from William Atkinson and his wife, Anna Atkinson, (formerly Anna Little,) to himself, dated Sept. 19th, 1835, acknowledged and recorded Oct. 10th, 1835, conveying the land described in the writ.
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Trespass, alleging that the defendant broke and entered the River lot, No. 13, in the town of Lisbon, on the west side of Ammonoosuc river, containing 100 acres, and cut and carried away certain timber. Plea, the general issue. The plaintiff offered in evidence a deed from William Atkinson and his wife, Anna Atkinson, (formerly Anna Little,) to himself, dated Sept. 19th, 1835, acknowledged and recorded Oct. 10th, 1835, conveying the land described in the writ. He also introduced the evidence of a surveyor, that in October, 1833, Atldnson requested bim to run out several lots of land in…
1Opinion of the CourtParker, C. J.
The plaintiff shows an entry upon the land In question by a surveyor in 1833, in pursuance of the direction of William Atkinson, and a marking of the boundaries of the lot, and also a conveyance from Atkinson and wife to him. This would be sufficient evidence of possession under color of title, .» support an action against one who had entered subsequently wit! i-out any color of right. 2 N. H. Rep. 456, Wendell vs. Blanchard; Woods vs. Banks, [14 N. H. Rep. 101.]
It is not clear, however, that this would be sufficient against the defendant. It appears that, prior to this entry, he had occupied…
2Cases cited4 opinions
- Lund v. ParkerSuperior Court of New Hampshire · 1824
- Woods v. BanksSuperior Court of New Hampshire · 1843
- Wendell v. BlanchardSuperior Court of New Hampshire · 1822
- Atkinson v. BemisSuperior Court of New Hampshire · 1840
3Cited by1 opinion
- Adams v. StanyanSuperior Court of New Hampshire · 1852