Atkinson v. Bemis
Superior Court of New Hampshire
Trespass, for entering upon an undrawn lot, No. 2, in the 13th range in Lisbon, and cutting timber. Plea, the general issue. The defendant offered no evidence of right or title whatever. To prove the title in the wife, the plaintiffs traced the rights of nine of the sixty-eight original proprietors, by regular conveyances, to one C. W. Apthorp, and offered an office copy of his deed, of April, 1783, conveying them to those under whom the plaintiffs claim.
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Trespass, for entering upon an undrawn lot, No. 2, in the 13th range in Lisbon, and cutting timber. Plea, the general issue. The defendant offered no evidence of right or title whatever. To prove the title in the wife, the plaintiffs traced the rights of nine of the sixty-eight original proprietors, by regular conveyances, to one C. W. Apthorp, and offered an office copy of his deed, of April, 1783, conveying them to those under whom the plaintiffs claim. The deed did not appear to have been acknowledged, but contained the certificate of a New-York magistrate that one of the subscribing…
1Opinion of the CourtUpham, J.
It has been long settled, that the original proprietors of townships hold not merely as ordinary grantees, but that they very early exercised certain corporate powers with respect' to the management and disposal of their *46lands ; and their successors have continued to exercise the same powers down to the present time.
In Coburn vs. Ellenwood, 4 N. H. Rep. 101, it is said, “ that there is no statute to be found in which the original proprietors of townships are expressly declared to be corporations ; but that there are several statutes prescribing the method of calling their meetings, and…
2Cases cited2 opinions
- Adams v. FrothinghamMassachusetts Supreme Judicial Court · 1807
- Coburn v. EllenwoodSuperior Court of New Hampshire · 1827
3Cited by6 opinions
- Despatch Line of Packets v. Bellamy Man. Co.Superior Court of New Hampshire · 1841
- Cobleigh v. YoungSuperior Court of New Hampshire · 1844
- Adams v. StanyanSuperior Court of New Hampshire · 1852
- Allen v. WoodwardSuperior Court of New Hampshire · 1851
- Harvey v. MitchellSuperior Court of New Hampshire · 1855
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