Rollins v. Varney
Superior Court of New Hampshire
Trespass, for breaking and entering the plaintiff’s close in Somersworth, treading down the grass, &c., and taking and carrying away the plaintiff’s horse, and converting the same, &c. The action was tried upon the general issue; and the principal controversy was in relation to the property in the horse.
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Trespass, for breaking and entering the plaintiff’s close in Somersworth, treading down the grass, &c., and taking and carrying away the plaintiff’s horse, and converting the same, &c. The action was tried upon the general issue; and the principal controversy was in relation to the property in the horse. The close in question was described in the declaration, as follows : “ The plaintiff’s close, situate in Somersworth, bounded on the north by the road leading from Dover to Rochester, on the west by land of Isaac Twombly, on the south by land of one Cook, and on the east by land of Joseph…
1Opinion of the CourtPerley, J.
The plaintiff’s close is described in his declaration as containing twenty-five acres. But, according to the boundaries given on land of adjoining owners, and on -the road from Dover to Rochester, the description would include the pasture lying next to that road, and the quantity of land would much overrun twenty-five acres. By a well-established rule of construction, boundaries and abuttals control the estimate of quantity, and in this case extend the close to the road, so as to include the pasture. There is, therefore, no variance in this respect between the declaration and the evidence,…
2Cases cited1 opinion
- Wheeler v. RowellSuperior Court of New Hampshire · 1833