Hobbs v. Cram
Superior Court of New Hampshire
Trespass, for breaking and entering tbe plaintiff’s close in Ossipee, and cutting down trees, &c. Tbe defendant, under the general issue and a brief statement, justified as the servant of one Thompson, who was, as he alleged, the owner of the premises in question. It appeared that the plaintiffs and Thompson were owners of adjoining lands, and the controversy related to the position of the line between them.
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Trespass, for breaking and entering tbe plaintiff’s close in Ossipee, and cutting down trees, &c. Tbe defendant, under the general issue and a brief statement, justified as the servant of one Thompson, who was, as he alleged, the owner of the premises in question. It appeared that the plaintiffs and Thompson were owners of adjoining lands, and the controversy related to the position of the line between them. The plaintiffs claimed under a conveyance which, in terms conveyed to a former owner, under whom they claim, the land to the line contended for by them, including the premises in dispute.…
1Opinion of the CourtGilchrist, C. J.
The question in this case, relates to the position of the line dividing the land of the plaintiff from that of the defendant.
The father of a witness who once owned and occupied the land claimed by the plaintiff, showed the witness a corner on the line to which the defendant claims, as one of the corners of his land. The question is, whether this evidence is competent to be submit*132ted to the jury, as tending to show how far the plaintiff’s land extends. Can the statement of a former owner of land made, as we understand it was in this case, during his occupation, pointing out his boundaries, be…
2Cases cited4 opinions
- Loker v. HaynesMassachusetts Supreme Judicial Court · 1814
- Proprietors of Claremont v. CarltonSuperior Court of New Hampshire · 1821
- Carey v. WilcoxSuperior Court of New Hampshire · 1833
- Ross v. KnightSuperior Court of New Hampshire · 1827
3Cited by1 opinion
- Dougherty v. HoodSupreme Court of Alabama · 1954