Stevens v. Johnson
Supreme Court of New Hampshire
TRESPASS, quare clausum, for breaking and entering the plaintiffs close in Stratford, on the first day of January, I860, with a continuando, and cutting and carrying away the plaintiff’s wood and timber therefrom. Plea, the general issue, and a license as to one pine tree, cut in 1868. The close in question is lot No. 180 of the third division of the original right of Samuel Sherburn, and contains two hundred acres of land. The lot is uncleared, being a wood or timber lot.
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TRESPASS, quare clausum, for breaking and entering the plaintiffs close in Stratford, on the first day of January, I860, with a continuando, and cutting and carrying away the plaintiff’s wood and timber therefrom. Plea, the general issue, and a license as to one pine tree, cut in 1868. The close in question is lot No. 180 of the third division of the original right of Samuel Sherburn, and contains two hundred acres of land. The lot is uncleared, being a wood or timber lot. The plaintiff read in evidence the following conveyances: (1) Orrin D. Kimball to the plaintiff, dated January 11,1862,…
1Opinion of the Court
* SiiitH; J.
Barnard, in 1851, entered upon lot No. 180, exercised acts of ownership, and claimed title to an undivided half from that time till he conveyed to Kimball in 1859. It does not appear that Lucas, who conveyed to the defendant in 1871, hád any color of title or any possession to warrant his conveyance to the defendant. The mere fact of an entry under color of a conveyance from one who does not appear to have had either a title or possession which would furnish a docent pretext for making it, cannot place the defendant in.any better situation in this respect than be would have been…
2Cases cited5 opinions
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