Sawyer v. Fellows
Superior Court of New Hampshire
This was a writ of entry, brought to recover a tract of land in Gilmanton. The cause was tried, upon the general issue, at August term, ¡832, when it appeared in evidence that the demandant was the owner of lot, No. 7, in the third range of lots in Gilmanton, and the tenant owner of the adjoining lot, No. 9, in the fourth range of lots. The demanded premises were, a tract of land lying near the line between the said lots.
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This was a writ of entry, brought to recover a tract of land in Gilmanton. The cause was tried, upon the general issue, at August term, ¡832, when it appeared in evidence that the demandant was the owner of lot, No. 7, in the third range of lots in Gilmanton, and the tenant owner of the adjoining lot, No. 9, in the fourth range of lots. The demanded premises were, a tract of land lying near the line between the said lots. The demandant introduced evidence tending to prove that, in April, 1822, he and William Moody, under whom the tenant claims the demanded premises, and who was then the owner…
1Opinion of the Court
By the court.
We consider the taw as settled, that where the owners of adjoining lots agree to a particular line, as the dividing line between them, the agreement is conclusive against them, and all persons claiming under them. 2 Starkie’s Ev. 599; 4 Wheaton, 513, Boyd’s Lessee v. Graves; 2 Caine’s Rep. 197, Jackson v. Dysling; 12 Mass. Rep. 469, Makepeace v. Bancroft; 2 Johns. 224.
Judgment on the verdict.
2Cases cited2 opinions
- Boyd's Lessee v. GravesSupreme Court of the United States · 1819
- Makepeace v. BancroftMassachusetts Supreme Judicial Court · 1815
3Cited by6 opinions
- Prescott v. HawkinsSuperior Court of New Hampshire · 1841
- Clough v. BowmanSuperior Court of New Hampshire · 1844
- Carleton v. RedingtonSuperior Court of New Hampshire · 1850
- Smith v. BullockSupreme Court of Vermont · 1844
- Wallace v. GoodallSuperior Court of New Hampshire · 1846
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