Thompson v. Gerrish
Supreme Court of New Hampshire
From Coos Circuit Court. Trespass qu. cl., for cutting and carrying away timber from lot 9, range 11, in Berlin, during the winter following December 23, 1870. Pica, the general issue, with a brief statement that the acts complained of were done by the defendant under a license from Simon Cole, who had title to the lot. Trial before Ladd, J., and a jury.
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From Coos Circuit Court. Trespass qu. cl., for cutting and carrying away timber from lot 9, range 11, in Berlin, during the winter following December 23, 1870. Pica, the general issue, with a brief statement that the acts complained of were done by the defendant under a license from Simon Cole, who had title to the lot. Trial before Ladd, J., and a jury. It was agreed that the amount of timber taken from the lot was 213-f thousand, worth $2 per thousand on the stump ; and that the plaintiff, if entitled to recover at all, is entitled to a verdict for one third of $427.50 ($142.50), with…
1Opinion of the Court
* Smith, J.
If one tenant in common oust his co-tenant, the latter may maintain trespass. Odiorne v. Lyford, 9 N. H. 502, p. 511. If one tenant in common enter into possession of the tract in question, claiming either in his own right, or under another, the entire title, it will in law be an ouster of the other tenant, and a trespass, for which trespass qu. cl. may be maintained. Wood v. Griffin, 46 N. H. 230, p. 237. Here the defendant justifies under a license from Simon Cole, in whom he claims was the title to the whole lot; and Hill, the plaintiff’s co-tenant, undertook to convey the whole…
2Cited by5 opinions
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- Burpee v. RussellSupreme Court of New Hampshire · 1886