Boucher v. Bailey

The issue in this case is whether the trial court properly denied defendant Bailey’s motion to dismiss plaintiffs Bouchers’ petition on the grounds of res adjudicata in the previous case of Ollie D. Bailey v. Arthur B. Morrill & a., Equity No. E-8243 (N.H. Super. Ct. August 20, 1974). Defendant’s exception was reserved and transferred by Bois, J. In the previous case, decided on the merits by Mullavey, J., the present plaintiffs were restrained and enjoined from crossing Bailey’s land and using her beach area; their cross-petition claiming an easement by adverse possession of a thirty-six…