Richardson v. Chickering
Supreme Court of New Hampshire
Tsespass, quare clausum, brought by William Richardson and others against Elliot Chickering and others. Plea, the general issue. The locus in quo was that part of lot twenty, in the second range and fifth division of lots in Hooksett, formerly Chester, remaining after sixteen acres were taken from off its northerly end by a line parallel to the northerly end line of said lot.
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Tsespass, quare clausum, brought by William Richardson and others against Elliot Chickering and others. Plea, the general issue. The locus in quo was that part of lot twenty, in the second range and fifth division of lots in Hooksett, formerly Chester, remaining after sixteen acres were taken from off its northerly end by a line parallel to the northerly end line of said lot. At the time of the alleged trespass the defendants owned lot nineteen, in the same range, adjoining lot twenty on the east, and also the sixteen acres from off the northerly end of lot twenty. The controversy between the…
1Opinion of the CourtNesmith, J.
The question involved in the first instructions given by the court to the jury in this case has been too often settled to be now considered open for argument or adjudication. If lot number twenty was originally located by boundaries marked upon the ground, or subsequently thus located, and recognized as correctly located for more than twenty years by all parties in interest, including the plaintiffs themselves, that location must prevail rather than the description contained in the original laying out; and the actual lines and monuments, marked upon the ground, must control the courses and…
2Cases cited7 opinions
- Storrs v. BarkerNew York Court of Chancery · 1822
- Clark v. WetheyNew York Supreme Court · 1838
- Taylor v. ElySupreme Court of Connecticut · 1856
- Thomas v. PattenSupreme Judicial Court of Maine · 1836
- Cummings, Adm'r v. WebsterSupreme Judicial Court of Maine · 1857
2 more not listed; retrieve them via the Exa API.
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- Weiss-Lawrence, Inc. v. James Talcott, Inc.District Court, D. New Hampshire · 1975