Legal Opinion

Foster v. Lane

Superior Court of New Hampshire

Decided July 15, 1855Published

In trespass brought before a justice of the peace, the declaration was as follows: In a plea of trespass, for that the defendants, on the eighth day of October, A. D. 1851, with force and arras, did break and enter the plaintiffs’ close, situated in Loudon aforesaid, bounded southwesterly by the highway leading from Chichester aforesaid, by the dwelling-house-of Stephen Perkins, in said Chichester, to Loudon Centre, northwesterly by land of Oliver W. Morrill, northeasterly…

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In trespass brought before a justice of the peace, the declaration was as follows: In a plea of trespass, for that the defendants, on the eighth day of October, A. D. 1851, with force and arras, did break and enter the plaintiffs’ close, situated in Loudon aforesaid, bounded southwesterly by the highway leading from Chichester aforesaid, by the dwelling-house-of Stephen Perkins, in said Chichester, to Loudon Centre, northwesterly by land of Oliver W. Morrill, northeasterly by the plaintiffs’ pasture land, and southeasterly by the line dividing said Chichester from said Loudon, containing ten…

1Opinion of the CourtBell, J.

No law existed providing for the union of school districts situate in different towns, nor for districts consisting of inhabitants of different towns, until after the passage of the Revised Statutes, in 1842.

From the facts alleged in the deed, recited in the third plea (of the case,) we infer that in the year 1830 a district was in fact formed by the inhabitants of a part of the town of Loudon and of a part of the town of Chichester. And that the inhabitants of those parts of the two towns were constituted a district or districts by votes of those towns, so far as they had power to do it.

Schoo…

2Cases cited2 opinions

  1. Second Congregational Society v. First Congregational SocietySuperior Court of New Hampshire · 1843
  2. Wheeler v. RowellSuperior Court of New Hampshire · 1835

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