Graves v. Amoskeag Manufacturing Co.
Supreme Court of New Hampshire
“Writ of Entry for one undivided half of a tract of land, twelve rods long and two rods wide, in Manchester, on the east side of Merrimack river. The plaintiff', Josiah G. Graves, claimed title under the three following deeds, which he introduced in evidence.
Read the full summary
“Writ of Entry for one undivided half of a tract of land, twelve rods long and two rods wide, in Manchester, on the east side of Merrimack river. The plaintiff', Josiah G. Graves, claimed title under the three following deeds, which he introduced in evidence. A quitclaim deed from John Harvey to William Parker, dated January 5, 1803, conveying “a certain ferry on Merrimack river, between the towns of Derryfield and Bedford (commonly called Merrill’s ferry), together with the boats thereto belonging, with the privileges on each bank of said river, heretofore used to said ferry; and also all…
1Opinion of the CourtBell, C. J.
The foundation of a real action is the alleged wrongful occupation, by the defendant, of the plaintiff’s land. The count alleges that the land is the rightful property of the plaintiff, and the defendant has wrongfully entered upon it, and withholds the possession of it from the plaintiff. The general issue of mil disseizin denies, not the fact of possession, but that the entry and possession is wrongful. It admits that the defendant is in possession, claiming a freehold estate in it. Cochecho Co. v. Whittier, 10 N. H. 309 ; Gil. Dig., Plead., X, d, 5. If he would deny that he is in…
2Cases cited1 opinion
- Peck v. SmithSupreme Court of Connecticut · 1814
3Cited by3 opinions
- Fletcher v. ChamberlinSupreme Court of New Hampshire · 1881
- State v. LaddSupreme Court of New Hampshire · 1970
- Wiggin v. SmithSupreme Court of New Hampshire · 1874