Manchester v. Duggan
Supreme Court of New Hampshire
Writ oe Entry. Trial by jury and verdict for the plaintiff. Transferred from the October term, 1907, of the superior court by Wallace, C. J. The land in question is a small lot on the shore of Massabesic lake, with a small cottage upon it, built by one Eaton about 1873. The plaintiff claimed title by deed, and the evidence relied upon tended to prove the following facts: The land in controversy was a part of the farm of Edward P. Offutt, and was in his possession in 1873 and…
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Writ oe Entry. Trial by jury and verdict for the plaintiff. Transferred from the October term, 1907, of the superior court by Wallace, C. J. The land in question is a small lot on the shore of Massabesic lake, with a small cottage upon it, built by one Eaton about 1873. The plaintiff claimed title by deed, and the evidence relied upon tended to prove the following facts: The land in controversy was a part of the farm of Edward P. Offutt, and was in his possession in 1873 and thereafterwards until his death in 1881 or 1882, under title he obtained from one Morrill about 1840. February 1, 1882,…
1Opinion of the CourtWalker, J.
The finding of the court that the evidence tended to sustain the plaintiff’s theory of title to the land in question is supported by an examination of the evidence. If the assessors’ books showing how the tax was assessed against the defendant are excluded as incompetent and prejudicial, what remains would support a verdict for the plaintiff. If believed, it would prove that the plaintiff’s ancestor in title acquired a deed of a farm in the ’40’s, known as the Offutt farm, which included the locus; that the subsequent grantees had been in possession of it and cultivated it; and that after the…
2Cases cited3 opinions
- Lee v. DowSupreme Court of New Hampshire · 1904
- Kendall v. FlandersSupreme Court of New Hampshire · 1903
- Staniels v. WhitcherSupreme Court of New Hampshire · 1905
3Cited by3 opinions
- Brown v. SmithSupreme Court of New Hampshire · 1937
- Laconia v. MorinSupreme Court of New Hampshire · 1943
- Eley v. Eley v. Twin State Gas & Electric Co.Supreme Court of New Hampshire · 1922