Woods v. Blodgett
Superior Court of New Hampshire
Trover, for a quantity of corn, &e. Plea, the general issue. The defendant, a constable of the town of Lyman, having a writ in due form, issued by a justice of the peace against one Moses Moore, attached the corn in question as his property.
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Trover, for a quantity of corn, &e. Plea, the general issue. The defendant, a constable of the town of Lyman, having a writ in due form, issued by a justice of the peace against one Moses Moore, attached the corn in question as his property. In October, 1840, Moore lived upon a farm in Lyman belonging to the plaintiff, and by his labor raised the corn and deposited it in the buildings upon the farm; which farm, he testified, he carried on and cultivated as the hired man of the plaintiff. A question in the case was, whether the corn belonged to Moore or the plaintiff. Isaac Duncan’s deposition…
1Opinion of the CourtGilchrist, J.
The plaintiff', to prove his title to the land, and, by consequence, the corn that grew upon it, and which was taken by the defendant, offered in evidence the declarations of one who was at work upon the land and cultivating the crop, and the evidence was admitted.
A question, substantially like the one which arises upon the ruling of the court upon that point, was presented and discussed in Rand v. Dodge, 17 N. H. Rep. 343, and several cases were cited; among them were Uncle v. Watson, 4 Taunt. 16; Doe v. Pettett, 5 B. & Ald. 223; Chambers v. Bernasconi, 1 Cromp. & Jer. 457; and it was held,…
2Cases cited1 opinion
- Rand v. DodgeSuperior Court of New Hampshire · 1845