Waldron v. Tuttle
Superior Court of New Hampshire
This was an action of trespass for stopping the plaintiff’* 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’* 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 Barrington in this county, and that the plaintiff unlawfully entered said close with his team, and took and loaded upon the said sled the 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 allegation in the plea, that the wood…
1Opinion of the Court
By the court.
We have attentively considered this case, and have come to the conclusion, that there must be a new *344trial. The jury were told, that it was competent for them to presume, from the possession of the plaintiff, and the length of time, which had elapsed since the deeds of the collectors were made, that all acts and proceedings had been duly done and had, which were necessary to the validity of those conveyances. But we are of 'opinion, that, under the circumstances, the possession of the plaintiff, and the antiquity of the deeds, afforded no legal ground, on which -any such…
2Cited by5 opinions
- Hill v. DraperNew York Supreme Court · 1851
- Reeds v. MortonSupreme Court of Missouri · 1846
- Waldron v. TuttleSuperior Court of New Hampshire · 1828
- Cass v. BellowsSuperior Court of New Hampshire · 1855
- Harvey v. MitchellSuperior Court of New Hampshire · 1855