Greeley v. Quimby
Superior Court of New Hampshire
Case. The declaration contained two counts. The first alleged that the plaintiff, on the 13th day of June, 1849, and long before, for more than twenty years, was seised of a certain tract of pasture land, situate in Salisbury, in his demesne as of fee, bounded, &c., and containing one hundred acres, more or less, and during &c., had used and occupied the said close for pasturing sheep, cattle, and other beasts; that through said close a public highway passes from Salisbury…
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Case. The declaration contained two counts. The first alleged that the plaintiff, on the 13th day of June, 1849, and long before, for more than twenty years, was seised of a certain tract of pasture land, situate in Salisbury, in his demesne as of fee, bounded, &c., and containing one hundred acres, more or less, and during &c., had used and occupied the said close for pasturing sheep, cattle, and other beasts; that through said close a public highway passes from Salisbury south road to Warner, winch road divides said pasture, leaving part on one side and the rest on the other; that the water…
1Opinion of the CourtEastman, J.
A highway may he established by long use. And, ordinarily, a use of twenty years, without interruption, is competent evidence from which a jury may find a road legally laid out. State v. Campton, 2 N. H. Rep. 513 ; Prichard v. Atkinson, 3 N. H. Rep. 335 ; State v. New Boston, 11 N. H. Rep. 407 ; Hull v. Richmond, 1 Wood. & Minot’s Rep. 337; State v. Sartor, 2 Strobh. 60; Larned v. Larned, 11 Met. Rep. 421; Commonwealth v. Miltenberger, 7 Watts’ Rep. 450; Williams v. Cummington, 18 Pick. 312; State v. Hunter, 5 Iredell, 369; Todd v. Rowe, 2 Greenl. Rep. 55; Hicks v. Fish, 4 Mason, 310.
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2Cases cited6 opinions
- Prichard v. AtkinsonSuperior Court of New Hampshire · 1826
- State v. Town of CamptonSuperior Court of New Hampshire · 1822
- Hicks v. FishU.S. Circuit Court for the District of Rhode Island · 1826
- Clark v. KingMassachusetts Supreme Judicial Court · 1807
- Hayes v. ShackfordSuperior Court of New Hampshire · 1823
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