Hayes v. Shackford
Superior Court of New Hampshire
Trespass, for breaking and entering the plaintiff's close, in Barrington, on the 5th November, 1821. The defendants pleaded in bar an entry to open and make a highway, duly laid out by the selectmen of Barrington, through the locus in quo. The plaintiff, iii his replication, not only traversed the existence of the highway, but new assigned the trespass extra viam, &c.
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Trespass, for breaking and entering the plaintiff's close, in Barrington, on the 5th November, 1821. The defendants pleaded in bar an entry to open and make a highway, duly laid out by the selectmen of Barrington, through the locus in quo. The plaintiff, iii his replication, not only traversed the existence of the highway, but new assigned the trespass extra viam, &c. The cause was tried here, at February term, 1823, when it appeared in evidence, that the selectmen of Barrington, in July, 1821, surveyed the ground for a highway, through the locus in quo, three rods wide, and erected monuments…
1Opinion of the CourtRichardson, C. J.
The question to be decided in this ease is, whether there was a highway duly laid out by the selectmen of Barrington, through the locus in quo, at the time the defendants' entered ? The statute of February 8, 1791, entitled an act for laying out roads,” does not, in express terms, require that the doings of .selectmen in laying out roads should be reduced to writing, or recorded. But we are of opinion, that their doings must be reduced to writing ; and the writing lodged with the town clerk, before a road can be considered as duly laid out. We ground this opinion upon the obvious utility and…
2Cited by1 opinion
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