Smith v. Hosmer
Superior Court of New Hampshire
Trespass quare clausum fregit. The defendant pleaded the general issue, and filed a brief statement that the locus in quo was his soil and freehold, and a verdict was taken for the plaintiff, by consent, subject to the opinion of this court upon the following facts. The parties own land adjoining each other, in Walpole, and both derive their title from Benjamin Bellows ; and the deeds through which the plaintiff derives his title appear to cover the land in controversy.
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Trespass quare clausum fregit. The defendant pleaded the general issue, and filed a brief statement that the locus in quo was his soil and freehold, and a verdict was taken for the plaintiff, by consent, subject to the opinion of this court upon the following facts. The parties own land adjoining each other, in Walpole, and both derive their title from Benjamin Bellows ; and the deeds through which the plaintiff derives his title appear to cover the land in controversy. The defence was that the plaintiff, and Jonas Hosmer, who was the immediate grantor of the defendant, had agreed upon the…
1Opinion of the CourtParker, J.
' The ease finds that the deeds, under which the plaintiff claims, include the tract of land in controversy —and he is therefore entitled to recover damages for the removal of the fence erected by. him. unless the defendant can show, either an adverse possession, Or an agreement between the parties establishing a line between them different from that appearing on the face of the deeds. -
To sustain'the first ground:, the defendant must prove a continued, open, visible, and- exclusive possession, marked by definite boundaries. 1 Mass. Rep. 483, 488, Prop'rs of Kennebeck Purchase vs. Call; 4…
2Cases cited3 opinions
- Proprietors of the Kennebeck Purchase v. SpringerMassachusetts Supreme Judicial Court · 1808
- Proprietors of Kennebeck Purchase v. CallMassachusetts Supreme Judicial Court · 1805
- Pixley v. BennettMassachusetts Supreme Judicial Court · 1814
3Cited by2 opinions
- Hale v. GliddenSuperior Court of New Hampshire · 1839
- Moore v. HodgdonSuperior Court of New Hampshire · 1846