Bachelder v. Green
Supreme Court of New Hampshire
Trespass, for breaking and entering tbe plaintiff’s close, in Cbicbester, and injuring and destroying bis grass and other crops. Plea, tbe general issue. Tbe action was commenced in tbe Court of Common Pleas, and at tbe first trial there was much controversy about tbe easterly line of tbe premises in question. Tbe plaintiff’s close was bounded easterly by tbe defendant’s land, and there was a brook running from north to south, nearly upon tbe line between their lands.
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Trespass, for breaking and entering tbe plaintiff’s close, in Cbicbester, and injuring and destroying bis grass and other crops. Plea, tbe general issue. Tbe action was commenced in tbe Court of Common Pleas, and at tbe first trial there was much controversy about tbe easterly line of tbe premises in question. Tbe plaintiff’s close was bounded easterly by tbe defendant’s land, and there was a brook running from north to south, nearly upon tbe line between their lands. Tbe plaintiff claimed and offered evidence tending to prove that tbe true line between bis close and tbe defendant’s was upon…
1Opinion of the CourtSawyer, J.
Whether the title of real estate is in question in an action of trespass, is sometimes to be determined from the pleadings, and sometimes from the course of the trial. In the latter case, it is not enough to put the title in question in such action, that the plaintiff may be required, under the circumstances of his case, to produce evidence of title in order to establish the possession which is essential to this form of action; or that, when introduced, the defendant makes it a question to the jury whether the evidence is true, or to the court, whether, if true, it shows title in the…
2Cited by1 opinion
- Pevare v. TowneSupreme Court of New Hampshire · 1876