Campbell v. Mooney
Supreme Court of New Hampshire
Trespass guare clausum. The defendant pleaded title in one Murray. Trial by the court and verdict for the defendant. Facts found, and case transferred from the September term, 1914, of the superior court, by Pike, C. J. The controversy relates to the location of the line between the plaintiff’s and Murray’s land.
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Trespass guare clausum. The defendant pleaded title in one Murray. Trial by the court and verdict for the defendant. Facts found, and case transferred from the September term, 1914, of the superior court, by Pike, C. J. The controversy relates to the location of the line between the plaintiff’s and Murray’s land. December 13, 1873, Nathaniel Shepard owned both tracts and on that day conveyed the land now owned by the plaintiff to one Arven, by deed which described the southerly boundary as extending from a point on a highway “easterly in a line parallel with the south line of the Sanborn…
1Opinion of the CourtParsons, C. J.
The material question is what line the parties in 1893, the date of the plaintiff’s deed, understood to be described by the expression “thence easterly in a line parallel with the south line of the Sanborn farm.” The facts that a line was then marked on the ground through more or less of its extent, and that for substantially forty years the parties on both sides of the line have recognized this as the dividing line between their tracts, justify the conclusion that in 1893 this was the line meant, rather than a line mathematically parallel with the south line of the Sanborn farm, which line…
2Cases cited1 opinion
- Heywood v. Wild River Lumber Co.Supreme Court of New Hampshire · 1899