Bellows v. Jewell
Supreme Court of New Hampshire
Trover, for the conversion, March 1, 1875, of a lot of logs and wood cut on lots 6 and 7, or land adjoining on the west, and on lot 8, in Martin’s Grant, otherwise called Pinkham’s Grant. Facts found by a referee, and a report for the plaintiff.
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Trover, for the conversion, March 1, 1875, of a lot of logs and wood cut on lots 6 and 7, or land adjoining on the west, and on lot 8, in Martin’s Grant, otherwise called Pinkham’s Grant. Facts found by a referee, and a report for the plaintiff. The plaintiff claimed title to the land on which the logs1, were cut, and one Copp, under whose authority the logs were cut, claimed title to 6 and 7. The defendant claimed that all the cutting was on 6 and 7. The plaintiff’s title to 6 and 7, and the land westerly of them and southerly of 7, was undisputed, except so far as Copp had acquired title…
1Opinion of the CourtClAiut, J.
Upon the facts stated, Copp has a valid title to lot 6 by adverse possession. The entry and division of the land into lots by Pinkham shows him in possession, claiming title under his grant, prior to the conveyance to Copp in 1827; and the deed from Pipkham to Copp gave Copp color of title, although Pinkham’s possession was under color of title merely. Cobleigh v. Young, 15 N. H. 493. Copp’s entry under the deed gave him constructive possession of the whole of lot 6 (Bailey v. Carleton, 12 N. H. 9, Melcher v. Flanders, 40 N. H. 139), and his possession was under color of title, although his…
2Cited by3 opinions
- Blagbrough Family Realty Trust v. a & T Forest Products, Inc.Supreme Court of New Hampshire · 2007
- Dame v. FernaldSupreme Court of New Hampshire · 1934
- Macallister v. DeStefanoMassachusetts Appeals Court · 1984