Gibson v. Poor
Superior Court of New Hampshire
Trespass, for breaking and entering tbe close of the plaintiffs, in Groffstown, and carrying away a quantity of tbeir wood and timber. Plea — the general issue. The plaintiffs introduced a deed from John Farmer to themselves, dated March 1,1848, conveying the locus in quo. They then proved, that immediately after the date of their deed they went upon the premises and cut wood and timber thereon.
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Trespass, for breaking and entering tbe close of the plaintiffs, in Groffstown, and carrying away a quantity of tbeir wood and timber. Plea — the general issue. The plaintiffs introduced a deed from John Farmer to themselves, dated March 1,1848, conveying the locus in quo. They then proved, that immediately after the date of their deed they went upon the premises and cut wood and timber thereon. The defendant admitted, that he .took and carried away from the premises a portion of said wood and timber. A view was had by the jury, and the plaintiffs here rested their case. The defendant…
1Opinion of the CourtEastman, J.
It is believed to be a well settled principle, that lines, monuments, and boundaries which are established and undisputed, although not immediately connected with the land in controversy, are nevertheless proper and competent evidence to be considered by a jury, whenever they tend to elucidate the subject in dispute. The manner in which the lands of this country *443were originally surveyed and occupied, has rendered such kind of evidence oftentimes the most satisfactory in ascertaining the true line between adjoining lots, or the line adopted and recognized as true by the original settlers. .…
2Cases cited10 opinions
- Daniel Boardman and Others, in Error v. The Lessees of Reed and Ford, M'call and Others, in ErrorSupreme Court of the United States · 1832
- Snider v. CroyNew York Supreme Court · 1807
- Rockwell v. AdamsNew York Supreme Court · 1831
- Hewlett v. D. & S. CockNew York Supreme Court · 1831
- Jackson ex dem. M'Donald v. M'CallNew York Supreme Court · 1813
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3Cited by2 opinions
- Hoit v. RussellSupreme Court of New Hampshire · 1876
- Hoit v. RussellSupreme Court of New Hampshire · 1876