Waldron v. Tuttle
Superior Court of New Hampshire
This was an action of trespass, for stopping the plaintiff’s team, and taking from his sled and carrying away, one cord of wood.
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This was an action of trespass, for stopping the plaintiff’s team, and taking from his sled and carrying away, one cord of wood. The defendant pleaded in bar, that he was lawfully possessed of a certain close, being lot No. 107, in Bar-rington ; that the plaintiff unlawfully entered upon the same with his oxen and sled, and ■ unlawfully loaded, on said sled, said cord of wood, which was the property of the defendant, and attempted to carry it away, to prevent which the defendant took it from the sled. The plaintiff, in his replication, traversed the allega-' ti on- in the plea that the wood…
1Opinion of the CourtRichardson, C. J.
It is contended in behalf of the plaintiff, in this case, that lie is entitled to a new trial, because the deed of Felker was improperly rejected as evidence, and we shall examine this ground for a new trial in the first place.
We have already decided, in this case, that it is not competent for a jury to presume, from the mere production of a collector’s deed, and from proof of possession; under it, that the sale of the collector was legal. 3 N. H. Rep. 340. We have, therefore, no hesitation in holding, that Under the circumstances of this case, the deed of Felker was not legal evidence of a…
2Cases cited4 opinions
- Jackson ex dem. Burhans v. BlanshanNew York Supreme Court · 1808
- Lund v. ParkerSuperior Court of New Hampshire · 1824
- Jackson ex dem. Garland v. BrownerNew York Supreme Court · 1820
- Waldron v. TuttleSuperior Court of New Hampshire · 1826
3Cited by6 opinions
- Jackson ex dem. Bogert v. SchauberNew York Supreme Court · 1827
- People v. Fulton Fire InsuranceNew York Supreme Court · 1840
- Emerson v. WhiteSuperior Court of New Hampshire · 1854
- Homer v. CilleySuperior Court of New Hampshire · 1843
- Mooers v. BunkerSuperior Court of New Hampshire · 1854
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