Warren v. Cochran
Superior Court of New Hampshire
Trespass quare clausum fregit. Both parties claimed title to the locus in quo from John Walker; the plaintiff, by a deed of warranty, and the defendant, by a mortgage to Daniel Walker, deceased, of whose estate the defendant is administrator.
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Trespass quare clausum fregit. Both parties claimed title to the locus in quo from John Walker; the plaintiff, by a deed of warranty, and the defendant, by a mortgage to Daniel Walker, deceased, of whose estate the defendant is administrator. On the trial, it appeared in evidence that the defendant, as administrator of said estate, commenced a suit on said mortgage, for possession of the premises, against one Carr, then in the occupation of the same, and recovered judgment by default therein. Of all these proceedings, the plaintiff, being out of the State, had no notice of any kind. Upon said…
1Opinion of the CourtWoods, J.
Warren was the owner of the land, and he must, therefore, be regarded as in the rightful possession at the time of the entry by the defendant. The title draws after it the right of possession, and, in fact, gives a sufficient constructive possession to enable the owner to maintain trespass. An actual entry, under a deed or grant of land, is not necessary, in this State, to enable the grantee to maintain trespass quare clausum fregit. Concord v. McIntire, 6 N. H. Rep. 527; Chandler v. Walker, 1 Foster’s Rep. 282. See also Vanbrant v. Schaick, 11 Johns. 285; Wickham v. Freeman, 12 Johns. 184;…
2Cases cited8 opinions
- Bush v. BradleySupreme Court of Connecticut · 1810
- Mather v. Ministers of Trinity ChurchSupreme Court of Pennsylvania · 1817
- Thorp v. BurlingNew York Supreme Court · 1814
- Towle v. AyerSuperior Court of New Hampshire · 1835
- Lawrence v. HaynesSuperior Court of New Hampshire · 1829
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