Wheeler v. Rowell
Superior Court of New Hampshire
Tbespass for breaking and entering the plaintiff’s close in Littleton, “ bounded easterly by Pamela Wheeler’s land, ‘as occupied by her, southerly by Vespasian Wheeler’s land, ‘and westerly by the road leading from G. W. Wheeler’s ‘ dwelling-house to Samuel Little’s dwelling house,” and with horses, cows, oxen and swine depasturing the grass. The action was commenced before a justice of the peace, where the general issue was' pleaded by the defendant.
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Tbespass for breaking and entering the plaintiff’s close in Littleton, “ bounded easterly by Pamela Wheeler’s land, ‘as occupied by her, southerly by Vespasian Wheeler’s land, ‘and westerly by the road leading from G. W. Wheeler’s ‘ dwelling-house to Samuel Little’s dwelling house,” and with horses, cows, oxen and swine depasturing the grass. The action was commenced before a justice of the peace, where the general issue was' pleaded by the defendant. The justice having rendered judgment in the ease, it was carried to the court of common pleas by appeal, where it was tried at the September…
1Opinion of the CourtGreen, J.
It is contended, that the abuttals of the close were not proved as laid in the declaration. But we are of opinion that this objection is without any foundation.
It was proved that there was a close bounded southerly *517and westerly, as laid in the declaration, and easterly on the close occupied by Pamela Wheeler. But there was a highway between the land occupied by Pamela Wheeler and the land of the plaintiff. This is, however, wholly immaterial. In trespass, quare clausum fregil, it is necessary to prove the abuttals of the close, as laid in the declaration, but it is not necessary to show a…
2Cited by2 opinions
- Foster v. LaneSuperior Court of New Hampshire · 1855
- Janvrin v. ScammonSuperior Court of New Hampshire · 1853