Wheeler v. Rowell
Superior Court of New Hampshire
This was a writ of error brought to reverse a judgment of the court of common pleas. Wheeler brought an action of trespass, against Row-ell, and alleged that the defendant, Rowell, at Littleton^ on the 1st June, 1829, &c., with force and arms, broke and entered the plaintiff’s close, situate in said Littleton, and bounded easterly by Pamela Wheeler’s land, southerly by Vespasian Wheeler’s land, and westerly by the road leading, &e. and being part of the Silas Wheeler farm,…
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This was a writ of error brought to reverse a judgment of the court of common pleas. Wheeler brought an action of trespass, against Row-ell, and alleged that the defendant, Rowell, at Littleton^ on the 1st June, 1829, &c., with force and arms, broke and entered the plaintiff’s close, situate in said Littleton, and bounded easterly by Pamela Wheeler’s land, southerly by Vespasian Wheeler’s land, and westerly by the road leading, &e. and being part of the Silas Wheeler farm, so called, and then and there with cattle, &c. eat up and despastured the grass of the plaintiff. The cause was tried in…
1Opinion of the Court
By the court*
We are of opinion, that the jury were misdirected in the court below, in this case.
It is, without doubt, necessary, in trespass, qvare clau-sum fregit, to prove the abuttals of the close as stated. 5 N. H. Reports, 322; 2 Rolle’s Ab. 677; Yelverton, 114, Winkworth vs. Man: 1 Moore, 161, Taylor vs Hoomun, 3 Starkie’s Ev. 1435; 1 Chitty’s Pl. 363—364; Buller’s N. P. 89.
This was clone substantially in this case. For although the close was not abutted all along on the southerly side, by land of Vespasian Wheeler ; yet, still it was abutted southerly on his land, and this was enough…
2Cited by2 opinions
- Noyes v. ColbySuperior Court of New Hampshire · 1855
- Rollins v. VarneySuperior Court of New Hampshire · 1850