Linen v. Maxwell
Supreme Court of New Hampshire
Trover, for ice cut and carried away by the defendant, in February, 1890, from the mill-pond formed by a dam across Black brook. The plaintiff owns the land covered by the south part of the pond, subject to the defendant’s right of flowage, unless the defendant has acquired title to it by adverse possession. The facts sufficiently appear in .the opinion. A verdict was or: dered for the plaintiff, and the defendant excepted. ■
1Opinion of the CourtSmith, J.
Farmer, owning both tracts in 1823, conveyed to Thomas Pollard the tract south of a line running due west from the mouth of Blade brook to the common lands. Bowman v. Farmer, 8 N. H. 402. By sundry intermediate conveyances, the locus in dispute, part of the land conveyed to Pollard, came to the plaintiff subject to the defendant’s right of flowage. As that right gives the defendant no right to cut or remove ice from the pond, the question is whether he or his predecessors in title have acquired title to the bed of the pond by adverse possession.
In 1855 Farmer claimed to own the land, and in…
2Cases cited1 opinion
- Johnson v. ConantSupreme Court of New Hampshire · 1886
3Cited by2 opinions
- Philbin v. CarrIndiana Court of Appeals · 1920
- Riverwood Commercial Properties, Inc. v. ColeSupreme Court of New Hampshire · 1994