Bailey v. Carleton
Superior Court of New Hampshire
Writ of entry, to recover two tracts of land in the lower village in Bath, one of said tracts being ten rods in length, and the other being four square rods of land, situated immediately south of and adjoining the first tract; both constu tuting a narrow strip of land, situated betwixt the main road through Bath village, and the Amonoosuck river.
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Writ of entry, to recover two tracts of land in the lower village in Bath, one of said tracts being ten rods in length, and the other being four square rods of land, situated immediately south of and adjoining the first tract; both constu tuting a narrow strip of land, situated betwixt the main road through Bath village, and the Amonoosuck river. The tract of land first described, and a house lot opposite to the same, on the other side of the road, were conveyed to Amos Town by Moses P. Payson, by two several deeds, executed on the 27th of March, 1807 ; and the tract containing four square…
1Opinion of the Court
Parker, C. J.*
The general rule that where a party having color of title enters into the land conveyed, he is presumed to enter according to his title, and thereby gains a constructive possession of the whole land embraced in his deed, seems to be settled by the current of authorities. 3 N. H. Rep. 27, Riley vs. Jameson; Ditto 49, Lund vs. Parker, and cases cited.
And such entry may operate as a disseizin of the whole tract; and the possession under it, continued for the term of twenty years, may be deemed an adverse possession, which will bar the entry of the owner after that lapse of time. 3…
2Cases cited5 opinions
- Jackson ex dem. Vanderlyn v. NewtonNew York Supreme Court · 1820
- Riley v. JamesonSuperior Court of New Hampshire · 1823
- Lund v. ParkerSuperior Court of New Hampshire · 1824
- Rogers v. JonesSuperior Court of New Hampshire · 1836
- Thomas v. PattenSupreme Judicial Court of Maine · 1836
3Cited by9 opinions
- Marvel v. Barley Mill Road HomesCourt of Chancery of Delaware · 1954
- Marvel v. Barley Mill Road Homes, Inc.Court of Chancery of Delaware · 1954
- Riverwood Commercial Properties, Inc. v. ColeSupreme Court of New Hampshire · 1994
- Forest v. JacksonSupreme Court of New Hampshire · 1876
- Newmarket Manufacturing Co. v. PendergastSuperior Court of New Hampshire · 1851
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