Webber v. Merrill
Supreme Court of New Hampshire
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
- Hoghtaling v. OsbornNew York Supreme Court · 1818
- Mersereau v. NortonNew York Supreme Court · 1818
3Cited by1 opinion
- Bryant v. WellsSupreme Court of New Hampshire · 1875