Walker v. Wetherbee
Supreme Court of New Hampshire
Trover, for two horses. The plaintiff’s father and one Humphrey formerly owned farms in Langdon adjoining each other, the line between them extending some one hundred rods; and they divided the fence on this line, Humphrey taking the north half and Walker the southerly half to make and keep in repair. This division was in writing, was in; proper form, and no objection was made to its validity as between the original parties.
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Trover, for two horses. The plaintiff’s father and one Humphrey formerly owned farms in Langdon adjoining each other, the line between them extending some one hundred rods; and they divided the fence on this line, Humphrey taking the north half and Walker the southerly half to make and keep in repair. This division was in writing, was in; proper form, and no objection was made to its validity as between the original parties. The plaintiff now occupies the farm which his father then owned. But Humphrey sold to one person the northerly half of his farm, which is now occupied by the defendant,…
1Opinion of the Court
1. Any division of fence by the owners of adjoining lands under improvement, in writing, and recorded in the town records, is made forever binding upon the parties and all succeeding owners and occupants of the land. R. S., c. 136, s. 2. This provision of the statute refers to the state of things existing when the fence was divided, and before the land of one adjoining owner is sold in different parcels to different persons; otherwise, when new coterminous proprietors are introduced, each one extending over part only of the line so divided, the burden of maintaining the fence as divided…
2Cases cited3 opinions
- Aldrich v. WrightSupreme Court of New Hampshire · 1873
- Wright v. WrightSupreme Court of Connecticut · 1851
- Jones v. PerrySupreme Court of New Hampshire · 1870