Walker v. Wetherbee
Supreme Court of New Hampshire
Trover, for two horses. The plaintiff’s father and one Humphrey formerly owned farms in Langdon adjoining each other, the line between them extending some one hundred rods; and they divided the fence on this line, Humphrey taking the north half and Walker the southerly half to make and keep in repair. This division was in writing, was in; proper form, and no objection was made to its validity as between the original parties.
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Trover, for two horses. The plaintiff’s father and one Humphrey formerly owned farms in Langdon adjoining each other, the line between them extending some one hundred rods; and they divided the fence on this line, Humphrey taking the north half and Walker the southerly half to make and keep in repair. This division was in writing, was in; proper form, and no objection was made to its validity as between the original parties. The plaintiff now occupies the farm which his father then owned. But Humphrey sold to one person the northerly half of his farm, which is now occupied by the defendant,…
1Concurrence
If the plaintiff's horses were wrongfully on the defendant's land, the defendant had the right to do anything that apparently was reasonably necessary to be done for the protection of his property against them. Aldrich v. Wright, 53 N.H. 398; Hoit v. Stratton Mills, 54 N.H. 109, 116; Cory v. Little, 6 N.H. 213; Gilson v. Fisk, 8 N.H. 404; Wood v. Gale,10 N.H. 247; G. F. Co. v. Worster, 15 N.H. 412, 438, 439; Jones v. Williams, 11 M. W. 176; Colby v. Jackson, 12 N.H. 526, 530; Davis v. Merrill, 47 N.H. 208; 3 Am. L. Rev. 198; Shuttleworth's Case, 9 A. E. N. S. 651, 659, 662; Fletcher v.…
2Cases cited13 opinions
- Wynehamer v. . the PeopleNew York Court of Appeals · 1856
- Russell v. Mayor of New-YorkNew York Supreme Court · 1845
- Mayor of New York v. LordNew York Supreme Court · 1837
- Surocco v. GearyCalifornia Supreme Court · 1853
- McDonald v. City of Red WingSupreme Court of Minnesota · 1868
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