Straw v. Jones
Superior Court of New Hampshire
This is a writ of entry, to recover five acres of land in Epping. Jones pleaded special-non tenure. S. Plumer, jr., disclaimed, and the other defendants pleaded the general issue. The demandant is the widow of John Straw, and has lived on the land in controversy, with her husband, for about forty years next preceding his decease, which happened seven or eight years since, and she remained there after his decease a year or more.
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This is a writ of entry, to recover five acres of land in Epping. Jones pleaded special-non tenure. S. Plumer, jr., disclaimed, and the other defendants pleaded the general issue. The demandant is the widow of John Straw, and has lived on the land in controversy, with her husband, for about forty years next preceding his decease, which happened seven or eight years since, and she remained there after his decease a year or more. It appeared that prior to 1822 one Joseph Cilley, a grandson of Straw, went to live upon the land, and occupied a part of the same house with Straw ; and that he…
1Opinion of the CourtWilcox, J.
It is necessary for the demandant, in order to maintain her action, to prove herself seized of at least a freehold estate. She does not attempt, however, to show any actual title, but relies on possession by herself and her husband for many years, and the fact, that after the death of her husband she remained upon the premises for one or two years.
Naked possession affords a presumption of title sufficient to put the tenant upon his defence. But it must be a possession under a claim of right. It must, also, be a continued possession; for, although the demandant may have had possession, if it…
2Cases cited1 opinion
- Ricard v. WilliamsSupreme Court of the United States · 1822
3Cited by4 opinions
- Breck v. YoungSuperior Court of New Hampshire · 1841
- Bassett v. Salisbury Manufacturing Co.Superior Court of New Hampshire · 1854
- Wallace v. GoodallSuperior Court of New Hampshire · 1846
- Moore v. HodgdonSuperior Court of New Hampshire · 1846