Jenkins v. Palmer
Supreme Court of New Hampshire
Trespass quare clausum. Facts found by referees to whom were referred (by the parties to the action and certain other persons asserting rights in the bed of Nilus river, the adjacent land, and the dam across the same) all questions arising in the action, and all questions relating to “ all rights, privileges, estates, and easements in and to the premises,” with a provision that the determination by the referees of questions of fact should be final and that questions of law…
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Trespass quare clausum. Facts found by referees to whom were referred (by the parties to the action and certain other persons asserting rights in the bed of Nilus river, the adjacent land, and the dam across the same) all questions arising in the action, and all questions relating to “ all rights, privileges, estates, and easements in and to the premises,” with a provision that the determination by the referees of questions of fact should be final and that questions of law should be transferred to this court for decision at the request of either party. The referees found one of the defendants…
1Opinion of the CourtChase, J.
The finding of the referees, that one of the defendants was guilty of a technical trespass, includes a finding that the plaintiff was in possession of the pond. The possession entitles him to a judgment in the action, unless the facts reported show that the defendant against whom the finding was made had a better right of possession. Fowler v. Owen, 68 N. H. 270, 272, and authorities cited. It appears that some part of Lot 42 is in possession of this defendant and another, and has been in the possession of them and their predecessors in title since the original allotment, made in 1738, about…
2Cases cited5 opinions
- Paine v. WoodsMassachusetts Supreme Judicial Court · 1871
- Wheeler v. . SpinolaNew York Court of Appeals · 1873
- Mill River Woolen Manufacturing Co. v. SmithSupreme Court of Connecticut · 1867
- Mansur v. BlakeSupreme Judicial Court of Maine · 1873
- Holden v. ChandlerSupreme Court of Vermont · 1888
3Cited by1 opinion
- Merrill v. Publishers Paper Co.Supreme Court of New Hampshire · 1914