Jones v. Merrimack River Lumber Co.
Superior Court of New Hampshire
Trespass, for breaking and entering lot No. 17, in the 11th range in the town of Woodstock, and cutting down and carrying away three hundred spruce trees. The plaintiff gave in evidence a deed, dated March 20, 1830, from Timothy Bois, acknowledged March 30, 1853, and recorded February 22,1854, quitclaiming said lot to the plaintiff. He also introduced evidence tending to prove a possession of this lot for the last twelve years.
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Trespass, for breaking and entering lot No. 17, in the 11th range in the town of Woodstock, and cutting down and carrying away three hundred spruce trees. The plaintiff gave in evidence a deed, dated March 20, 1830, from Timothy Bois, acknowledged March 30, 1853, and recorded February 22,1854, quitclaiming said lot to the plaintiff. He also introduced evidence tending to prove a possession of this lot for the last twelve years. For this purpose the deposition of William H. Gordon was read, which contained the foliowring interrogatories and answers: Int. 4. When you first knew this lot, state…
1Opinion of the CourtWoods, C. J.
Neither party shows any other title to the land than possession only.
Samuel H. Walker, under whom the defendants derive their title, entered upon the lot in 1836, and offered to sell it to a person who accompanied him in the entry. At that time he held a deed of it, executed to him by Thomas Walker, who held a deed of the lot from Barron, a collector of taxes. Walker then made an entry upon the lot, exercising the right of an owner, and offering, as owner, to sell the lot. That was a distinct assertion of title to the land, and can bear no other construction whatever. He entered the lot with…
2Cases cited6 opinions
- Proprietors of the Kennebeck Purchase v. SpringerMassachusetts Supreme Judicial Court · 1808
- Jackson ex dem. Roosevelt v. WheatNew York Supreme Court · 1820
- Jackson ex dem. Young v. EllisNew York Supreme Court · 1816
- Riley v. JamesonSuperior Court of New Hampshire · 1823
- Wendell v. BlanchardSuperior Court of New Hampshire · 1822
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Cahoon v. CoeSupreme Court of New Hampshire · 1876