Bell v. Peabody
Supreme Court of New Hampshire
Tboveb, for a quantity of spruce timber cut aird hauled by the defendants from lot 9, range 6, in Randolph, in the winter of 1880 — ’81. Facts found by a referee. Both parties claimed title to the lot. The plaintiff introduced a deed of warranty from Alfred Lister to himself, dated November 1, 1875, duly acknowledged and recorded.
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Tboveb, for a quantity of spruce timber cut aird hauled by the defendants from lot 9, range 6, in Randolph, in the winter of 1880 — ’81. Facts found by a referee. Both parties claimed title to the lot. The plaintiff introduced a deed of warranty from Alfred Lister to himself, dated November 1, 1875, duly acknowledged and recorded. This deed describes the lot in question and four other lots of about equal value, for all of which the plaintiff paid Lister from $6,000 to #8,000 in other property. The plaintiff also introduced twelve other deeds in the line of Lister’s title, all duly…
1Opinion of the CourtCarpenter, J.
The action is trover for spruce timber cut from lot 9 in Randolph. The question is upon the property in the timber; and this depends upon the title to the lot. The plaintiff traces his title through a chain of recorded deeds commencing in 1840; but neither he, nor any one under whom he claims, ever entered upon the lot. He also claims under the deed of the collect- or of taxes for 1865. The warrant calling the meeting at which the taxes for that year were raised was posted at one place only. The defendants claim under a license from Wheeler & Paine, who claim title to the lot under a deed of…
2Cases cited5 opinions
- Green v. LiterSupreme Court of the United States · 1814
- Bradstreet v. ClarkeNew York Supreme Court · 1834
- Jackson ex dem. Beekman v. SellickNew York Supreme Court · 1811
- Farwell v. RogersMassachusetts Supreme Judicial Court · 1868
- Smith v. LawrenceMichigan Supreme Court · 1864
3Cited by2 opinions
- Maxfield v. White River Lumber Co.Supreme Court of New Hampshire · 1907
- Newcastle v. HaywoodSupreme Court of New Hampshire · 1894