Fifield v. Bailey
Supreme Court of New Hampshire
The action is case, by Andrew C. Fifield against Herbert Bailey. The declaration, which may be referred to, alleges that since March 31, 1863, the plaintiff has been seized and possessed of a certain parcel of land in Enfield, and that the defendant, contriving to injure the plaintiff and deprive him of the benefit of his said land, has for six years past maintained, kept up, and continued a dam or embankment part way across a brook called George Pond Brook, running through…
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The action is case, by Andrew C. Fifield against Herbert Bailey. The declaration, which may be referred to, alleges that since March 31, 1863, the plaintiff has been seized and possessed of a certain parcel of land in Enfield, and that the defendant, contriving to injure the plaintiff and deprive him of the benefit of his said land, has for six years past maintained, kept up, and continued a dam or embankment part way across a brook called George Pond Brook, running through the plaintiff’s said land, which said defendant has been requested to remove and abate, by. means thereof caused the…
1Opinion of the Court
The action of Sulloway in building the bank wall thirteen feet west of the bank of the brook, and filling up the space behind the wall and occupying, certainly turned the plaintiff out of his possession. It also obliterated the bank of the brook, and established a new bank thirteen feet west of the former. In 1866, three years after, Sulloway conveyed to the defendant, describing the land as bounded on the east bank of the brook, — and the defendant took possession, and occupied up to the bank wall. It would seem not to admit of a doubt that Sulloway's deed did purport to convey the land up…
2Cases cited4 opinions
- Towle v. AyerSuperior Court of New Hampshire · 1835
- Walker v. WilsonSuperior Court of New Hampshire · 1827
- Hatch v. PartridgeSupreme Court of New Hampshire · 1857
- Woodbury v. WoodburySupreme Court of New Hampshire · 1866