Burnham v. McQuesten
Supreme Court of New Hampshire
Trespass, for breaking and entering the plaintiff’s close in Plymouth, bounded north by the homestead of the defendant, east by the Main street leading northerly from Plymouth village to Baker’s River, southerly by the highway leading from said Main street along the northerly side of land belonging to the county of Grafton, westerly by land occupied by John T. Cutter.
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Trespass, for breaking and entering the plaintiff’s close in Plymouth, bounded north by the homestead of the defendant, east by the Main street leading northerly from Plymouth village to Baker’s River, southerly by the highway leading from said Main street along the northerly side of land belonging to the county of Grafton, westerly by land occupied by John T. Cutter. The writ was dated Nov. 5, 1866. Plea, the general issue, with a statement justifying under a right of way appurtenant to land of the defendant, bounded northerly by land of Ephraim Cook and Isaae Morrill, easterly by the said…
1Opinion of the CourtBellows, J.
To establish a title by user, it is necessary to prove that the user was adverse, exclusi ve and uninterrupted. It must be under a claim of right and not by license or permission of the owner. In this case the finding of the court is that the use of the way was begun by the late Nathaniel P. Rogers under whom the defendant claims, without right, and without color or claim of right, and that the use of the way by him and by the defendant continued to be permissive down to the time when the fence was built and the gate erected, in 1868, and that therefore the defendant failed to establish his…
2Cases cited1 opinion
- Mattoon v. KiddMassachusetts Supreme Judicial Court · 1810
3Cited by1 opinion
- Day v. DaySupreme Court of New Hampshire · 1876