Cushing v. Miller
Supreme Court of New Hampshire
Bill in Equity, to establish boundaries. Facts found by a referee. The town of Eaton was chartered November 10, 1766, and was bounded on the south by “ Fletcher’s curve line.”
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Bill in Equity, to establish boundaries. Facts found by a referee. The town of Eaton was chartered November 10, 1766, and was bounded on the south by “ Fletcher’s curve line.” Prior to or during 1774 the Masonian proprietors, owning a large territory of unbroken forest land in this county, caused to be surveyed and located out of it, by their surveyor, James Hersey, one hundred and seventeen 100-acre lots, which were subsequently known by number as lots in "the Ossipee ranges." The northerly and triangular portion of lot 100, comprising about forty acres, fell within the part of the then town…
1Opinion of the CourtCarpbnter, J.
The referee finds that the entire tract surveyed and divided into 117 lots by Hersey in 1774 is within the limits of the Masonian grant. For the purposes of the case, therefore, a good title in the proprietors to lot 100, including the part of it situated in the town of Eaton, must be taken as an established fact, whatever may be the historical or other evidence regarding the extent of their claim or the boundaries of the grant as finally settled. By the partition made by vote of the proprietors in 1796, Solley and March took a valid title in severalty to lot 100. Cornish v. Kenrick, Smith N.…
2Cases cited16 opinions
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