Adams v. Stanyan
Superior Court of New Hampshire
Trespass, qucere clausum, for cutting and carrying away from the plaintiff’s land, in Pembroke, a quantity of wood and timber. Plea, the general issue. It appeared that the plaintiff owned land in the town of Pembroke, bounded by the line between Pembroke and Chichester, and adjoining land of the defendant. The defendant’s land was also bounded by said line between the two towns ; and the principal controversy between the parties was as to the true line between the towns.
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Trespass, qucere clausum, for cutting and carrying away from the plaintiff’s land, in Pembroke, a quantity of wood and timber. Plea, the general issue. It appeared that the plaintiff owned land in the town of Pembroke, bounded by the line between Pembroke and Chichester, and adjoining land of the defendant. The defendant’s land was also bounded by said line between the two towns ; and the principal controversy between the parties was as to the true line between the towns. To show this the plaintiff offered, among other evidence, a copy of a plan of Chichester, filed in the office of the…
1Opinion of the CourtEastman, J.
No objection was taken at the trial, to the introduction of the copies of the plans of Chichester and Pembroke, on the ground of their being copies and not originals. If there had been, and the court had deemed the exception valid, the originals could have readily been produced, the office of the Secretary of State being near the place of trial. The question, then, which we are to consider, is, were the original plans competent evidence to be used in the case.
The case finds that the principal controversy between the parties related to the true line between the towns, and the maps were…
2Cases cited8 opinions
- Shepherd v. ThompsonSuperior Court of New Hampshire · 1827
- Pitts v. TempleMassachusetts Supreme Judicial Court · 1807
- Atkinson v. BemisSuperior Court of New Hampshire · 1840
- Coburn v. EllenwoodSuperior Court of New Hampshire · 1827
- Lawrence v. HaynesSuperior Court of New Hampshire · 1829
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