Blaisdell v. Martin
Superior Court of New Hampshire
Writ of entry, to recover seizin and possession of a tract of land, situate in Canaan. Plea, the general issue. It appeared in evidence that the demandant had been in possession of the demanded premises about twelve or fifteen years prior to 1830, or 1831, and that in one of those years he sold, and conveyed by deed, to one Gordon Burley, a lot of land adjoining the demanded premises.
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Writ of entry, to recover seizin and possession of a tract of land, situate in Canaan. Plea, the general issue. It appeared in evidence that the demandant had been in possession of the demanded premises about twelve or fifteen years prior to 1830, or 1831, and that in one of those years he sold, and conveyed by deed, to one Gordon Burley, a lot of land adjoining the demanded premises. The tenants offered evidence that at the time said Burley made said purchase, he requested the demandant to. give him a deed of the land now in controversy; but the demandant said lie had no title to it but by…
1Opinion of the CourtParker, C. J.
The demandant objects to the introduction of parol evidence to show that he relinquished his inter*255est in the premises ; but the evidence on which his action, is attempted to be supported is parol evidence^ merely-. He rests his claim entirely on possession. The character of that possession may, of course, be enquired into by evidence of the same nature with that introduced to establish it.
Possession, of itself, does not constitute a title, nor is it necessarily evidence of title. “ Possession of itself evidences ‘only present occupancy by right; because the law will not ‘presume a wrong. But…
2Cases cited1 opinion
- Gardiner v. CorsonMassachusetts Supreme Judicial Court · 1819
3Cited by3 opinions
- Bassett v. Salisbury Manufacturing Co.Superior Court of New Hampshire · 1854
- Pickard v. BaileySuperior Court of New Hampshire · 1852
- Jones v. Merrimack River Lumber Co.Superior Court of New Hampshire · 1855