Maloon v. White
Supreme Court of New Hampshire
From Rockingham Circuit Court. In Equity. This case was referred, and it appeared from the report of the referee, that at the time of the alleged trespass the plaintiff was in possession of the locus in quo claiming title; it being a field, a part of which had been redeemed from the sea, and bounded on the east by the Atlantic ocean.
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From Rockingham Circuit Court. In Equity. This case was referred, and it appeared from the report of the referee, that at the time of the alleged trespass the plaintiff was in possession of the locus in quo claiming title; it being a field, a part of which had been redeemed from the sea, and bounded on the east by the Atlantic ocean. The alleged trespass consisted in digging up between high and low water-mark, the sand and beach, and hauling the same away, for the purpose of repairing the highways of Newcastle. Eor this alleged trespass the plaintiff caused the defendants to be arrested. As…
1Opinion of the Court
FROM ROCKINGHAM CIRCUIT COURT. The findings of the referee and of the circuit court, upon the subject of the threatened injury, are conclusive. This court has no jurisdiction to revise their findings on questions of fact. The referee has reported that no irreparable injury is likely to happen to the plaintiff's meadow-land by any of the reasons assigned in the bill; also, that the removal of the sand by the defendants would not expose the plaintiff's land to any overflow of tides to which it was not before subject.
The circuit court has also found, as matter of fact, a want of equity upon the…
2Cases cited1 opinion
- Burnham v. KemptonSupreme Court of New Hampshire · 1860
3Cited by1 opinion
- Hardy v. KeeneSupreme Court of New Hampshire · 1891