Legal Opinion

Webber v. Merrill

Supreme Court of New Hampshire

Decided July 15, 1856PublishedCited by 1 opinion

Trespass, quare clausum, and for cutting and carrying away a pine tree, of the value of twenty-five dollars. Plea, the general issue.

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Trespass, quare clausum, and for cutting and carrying away a pine tree, of the value of twenty-five dollars. Plea, the general issue. It appeared in evidence that John Webber, 2d, father of the plaintiff, in 1807 took a deed from O. F. Weld of about twelve hundred acres of land, in Rumney, “ being all the land voted to Daniel Brainard by the proprietors of Rumneythat John Webber divided the land into ranges and lots, and made a plan of it, and that the trespass was committed on lot No. 6, in the 3d range; that he marked the lines of the lots, sold sundry lots, and that he lived in Rumney till…

1Opinion of the CourtPekley, C. J.

In 1807 John Webber took a conveyance from O. F. Weld, of twelve hundred acres of land, described in the deed as “ all the land voted to Daniel Brainard by the pro*207prietors of Rumney.” There is nothing in the case to show what land had been voted to Brainard by the proprietors of Rumney ; but John Webber, having this deed, entered upon a certain tract of land in Rumney and took actual possession of it, by running it out into lots, and marking the lines of the lots on the ground ; and some of the lots he afterwards sold. This was sufficient evidence for the jury to find that he claims to own…

2Cases cited2 opinions

  1. Hoghtaling v. OsbornNew York Supreme Court · 1818
  2. Mersereau v. NortonNew York Supreme Court · 1818

3Cited by1 opinion

  1. Bryant v. WellsSupreme Court of New Hampshire · 1875

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