Clough v. Bowman
Superior Court of New Hampshire
Trespass, for breaking and entering tbe close of tbe plaintiff, in Lyman, on divers days between tbe 1st Nov., 1840, and tbe 22d March, 1841, being that part of lot No. 84, bounded northerly and westerly by tbe lines of tbe lot, easterly by Solomon P. Miner’s land, and southerly by a line running from tbe westerly line, along a log fence and stump, to Miner’s land. Plea, the general issue, with a brief statement that the close was the soil and freehold of the defendant.
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Trespass, for breaking and entering tbe close of tbe plaintiff, in Lyman, on divers days between tbe 1st Nov., 1840, and tbe 22d March, 1841, being that part of lot No. 84, bounded northerly and westerly by tbe lines of tbe lot, easterly by Solomon P. Miner’s land, and southerly by a line running from tbe westerly line, along a log fence and stump, to Miner’s land. Plea, the general issue, with a brief statement that the close was the soil and freehold of the defendant. It appeared in evidence that the plaintiff was the owner of the northerly part of lot 34, and the defendant of the southerly…
1Opinion of the CourtParker, C. J.
In order to ascertain the true construction of the deed from Hiram and Jaffrey Clough to the defendant, it may be expedient to trace the title under which the parties both claim.
Daniel Stickney may be regarded as having been the source of title to the whole of lot 34. David Stickney was the owner of that lot. Goodall levied, and conveyed the north part to Daniel Stickney. He afterwards conveyed the south part also to Daniel in order that he might convey to Dyke, so that both parties claim title under Daniel Stickney. The previous levy and deeds are material only as they furnish materials by…
2Cases cited9 opinions
- Proprietors of Claremont v. CarltonSuperior Court of New Hampshire · 1821
- Gray v. BerrySuperior Court of New Hampshire · 1838
- Sawyer v. FellowsSuperior Court of New Hampshire · 1833
- Woodman v. LaneSuperior Court of New Hampshire · 1834
- Prescott v. HawkinsSuperior Court of New Hampshire · 1841
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3Cited by4 opinions
- Cote v. CompanySupreme Court of New Hampshire · 1933
- Bowman v. Sanborn & HarperSuperior Court of New Hampshire · 1852
- Drew v. DrewSuperior Court of New Hampshire · 1854
- Todd H. Maddock & a. v. Michael J. HigginsSupreme Court of New Hampshire · 2023