York v. Davis
Superior Court of New Hampshire
Replevin, for nine cows, impounded by the defendant in the common pound in Middleton. On trial, it appeared that the plaintiff in 1833 and 1834 occupied a pasture by parole permission of John York, Jr., who held the same by a conveyance from James Goodwin, executed in 1832, and that the defendant owned and occupied a pasture, contiguous to that occupied by the plaintiff, which he purchased of one Norton Scates in 1830. The plaintiff offered evidence tending to show that…
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Replevin, for nine cows, impounded by the defendant in the common pound in Middleton. On trial, it appeared that the plaintiff in 1833 and 1834 occupied a pasture by parole permission of John York, Jr., who held the same by a conveyance from James Goodwin, executed in 1832, and that the defendant owned and occupied a pasture, contiguous to that occupied by the plaintiff, which he purchased of one Norton Scates in 1830. The plaintiff offered evidence tending to show that Goodwin and Scates, while owners of the closes, agreed by parol on a division of the fence between them, and built and…
1Opinion of the CourtUp ham, J.
In this case it appears that there was an agreed partition of fence, made and executed by the parties, and that the cattle taken damage feazant escaped from the plaintiff’s enclosure through the defendant's portion of the fence on to the defendant’s land; but it is contended that this partition, which was by parol merely, had been previously revoked, and that the plaintiff, under such circumstances, was bound to retain his cattle upon his own land; and the case turns upon the point whether the evidence offered to show a revocation is sufficient for that purpose or not.
The statute provides, “…
2Cited by2 opinions
- Glidden v. TowleSuperior Court of New Hampshire · 1855
- Page v. OlcottSuperior Court of New Hampshire · 1843