Albin v. Lord
Supreme Court of New Hampshire
Trespass, quare clausum, and cutting and carrying away timber, and picking and carrying away cranberries. It appeared that the plaintiff, in 1844, negotiated with one French for said land, and that, by the plaintiff’s request, the land was conveyed by French to Betsey White, mother of the plaintiff’s wúfe: that the plaintiff, with his wife, moved into the house on said land, and there resided till after the date of the alleged trespass : that the plaintiff cut wood and…
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Trespass, quare clausum, and cutting and carrying away timber, and picking and carrying away cranberries. It appeared that the plaintiff, in 1844, negotiated with one French for said land, and that, by the plaintiff’s request, the land was conveyed by French to Betsey White, mother of the plaintiff’s wúfe: that the plaintiff, with his wife, moved into the house on said land, and there resided till after the date of the alleged trespass : that the plaintiff cut wood and timber from the land, and paid for it out of the proceeds: that the deed was given to Mrs. White, to secure her for signing a…
1Opinion of the CourtFowler, J.
TJpon the facts of the case, the plaintiff', at the time of the alleged trespass, was in possession of the premises, and had been so for several years, taking the rents and profits from year to year to his own use; and this was sufficient, primó fade, on general and well recognized principles, to entitle him to maintain trespass against a wrong doer. Mere possession was sufficient for this purpose. Anderson v. Nesmith, 7 N. H. 167; Sinclair v. Tarbox, 2 N. H. 135; Wendell v. Blanchard, 2 N. H. 456; Moor v. Campbell, 15 N. H. 208; Chandler v. Walker, 21 N. H. 282; Brown v. Manter, 22 N. H.…
2Cases cited9 opinions
- Cooke v. HusbandsCourt of Appeals of Maryland · 1857
- Roper v. RoperSupreme Court of Alabama · 1856
- Blood v. HumphreyNew York Supreme Court · 1854
- Colvin v. CurrierNew York Supreme Court · 1856
- McCroan v. PopeSupreme Court of Alabama · 1850
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Clough v. RussellSupreme Court of New Hampshire · 1875
- Cahoon v. CoeSupreme Court of New Hampshire · 1876
- Clough v. RussellSupreme Court of New Hampshire · 1875