Atherton v. Johnson
Superior Court of New Hampshire
Where a town owns a lot of land, and, by vote, .assents to a proposed exchange of it, tiie title to the land does not thereby pass, nor is the town afterwards estopped to claim the title.
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Where a town owns a lot of land, and, by vote, .assents to a proposed exchange of it, tiie title to the land does not thereby pass, nor is the town afterwards estopped to claim the title. Possession of land, by consent of the true owner, is not adverse possession ; bat whether the possession was taken and retained by such consent, or under any other circumstances, indicating a possession notadverse, is a question of fact If a widow and her minor children retain possession of land, which was occupied by their father, it is presumed to be in their behalf; but this presumption may be rebutted by…
1Opinion of the CourtWoodbury, J.
The tenant is in possession of the premises, and consequently the demandant cannot recover them without evidence of a better title in himself.
In A. D. 1761, the title is admitted to have been in the town of Dunbarton. The demandant contends, that, after-wards, the town either conveyed their title to Wm. Stark, under whose heirs the demandant claims; or that, after-wards, those heirs acquired a title to the premises by adverse possession.
As to the first point, we think, that the proposition by Wm. Stark to exchange lot No. 12, for these premises, and the acceptance of that proposition by the…
2Cases cited5 opinions
- Robinson v. CampbellSupreme Court of the United States · 1818
- Adams v. FrothinghamMassachusetts Supreme Judicial Court · 1807
- People v. GilbertNew York Supreme Court · 1820
- Smith ex dem. Teller v. BurtisNew York Supreme Court · 1810
- Gilbert v. BellMassachusetts Supreme Judicial Court · 1818
3Cited by6 opinions
- Opinion of the JusticesSupreme Court of New Hampshire · 1891
- Mastroianni v. WercinskiSupreme Court of New Hampshire · 2009
- Bassett v. Salisbury Manufacturing Co.Superior Court of New Hampshire · 1854
- Marshall v. PierceSuperior Court of New Hampshire · 1841
- Thompson v. CarrSuperior Court of New Hampshire · 1831
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