Tabor v. Judd
Supreme Court of New Hampshire
Trespass, for breaking and entering “ tbe plaintiff’s close, situated in said Pittsburg,” and cutting down and carrying away tbe plaintiff’s grass. Plea, that “ tbe said close was tbe freehold of the defendant.”
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Trespass, for breaking and entering “ tbe plaintiff’s close, situated in said Pittsburg,” and cutting down and carrying away tbe plaintiff’s grass. Plea, that “ tbe said close was tbe freehold of the defendant.” By amendment, the plaintiff added a new count, describing his close as bounded on the south by a line beginning at a corner post standing at the north-east corner of the defendant’s homestead farm, thence west about ten and one half degrees north seventy rods to a pine stump, thence in the same course to the old Hereford line, thence, etc. To this count, the defendant pleaded that so…
1Opinion of the CourtSmith, J.
The case may be considered as though the declaration consisted of the new count only. In it the plaintiff described his close by metes and bounds. The defendant pleaded soil and freehold in a triangular piece, part of the close described in the declaration. The plaintiff traversed the plea of soil and freehold, tendering an issue to the country, which the defendant joined. The case does not state that the defendant pleaded the general issue as to the close not included in the triangular piece. If such was the fact, however, it was for the plaintiff to open and close. Judge of Probate v.…
2Cited by5 opinions
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