Perley v. Langley
Superior Court of New Hampshire
This was an action of trespass, for breaking and entering the plaintiff’s close, and digging up and carrying away one thousand bushels of the plaintiff’s soil and earth. The defendant plead, 1st, that the locus in quo was a public navigable water, called Sandbornton Bay, from which the adjoining inhabitants have ever had, and ought to have, the right to take and carry away sand and earth ; — on which plea issue was taken to the country.
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This was an action of trespass, for breaking and entering the plaintiff’s close, and digging up and carrying away one thousand bushels of the plaintiff’s soil and earth. The defendant plead, 1st, that the locus in quo was a public navigable water, called Sandbornton Bay, from which the adjoining inhabitants have ever had, and ought to have, the right to take and carry away sand and earth ; — on which plea issue was taken to the country. The defendant further plead, that the locus in quo, from the time whereof the memory of man runneth not to the contrary, has been a place from which^the…
1Opinion of the CourtUfham, J.
THe .terms- custom, and-prescription, are often *235used as synonymous. They are. alike in-this respect, — that no custom or prescription can be legal, but such as has been used time out of mind.,. Co. Lit. 110, 113 ; and they both have their obligation originally from the consent-,' either express or. implied, of the parties who are bound by them. The ordinary forms of-pleading a custom . and prescription are the same, and the difference betwixt, them does not generally depend on the nature of the claim set up. The same rights and privileges which may be claimed as a custom, may also be claimed…
2Cited by3 opinions
- Sargent v. GuttersonSuperior Court of New Hampshire · 1843
- Nudd v. HobbsSuperior Court of New Hampshire · 1845
- State Ex Rel. Thornton v. HayOregon Supreme Court · 1969