Hopkins v. Deering
Supreme Court of New Hampshire
Tbespass, quare clausum, for breaking and entering lot No. 108 in Northumberland, and cutting and carrying away wood and timber. Trial by jury and verdict for the defendant. Transferred from the November term, 1901, of the superior court by Wallace, G. J. The defendant claimed title to the premises in controversy by adverse possession, and that was the only question tried, except the amount of damages if the jury should render a verdict for the plaintiff.
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Tbespass, quare clausum, for breaking and entering lot No. 108 in Northumberland, and cutting and carrying away wood and timber. Trial by jury and verdict for the defendant. Transferred from the November term, 1901, of the superior court by Wallace, G. J. The defendant claimed title to the premises in controversy by adverse possession, and that was the only question tried, except the amount of damages if the jury should render a verdict for the plaintiff. At the close of the case the plaintiff requested the court to take the question of adverse possession from the jury, and to instruct them…
1Opinion of the CourtRemick, J.
It appears that formal possession of the lot in controversy was delivered to William Heywood under a void levy of execution in 1863; that he afterward claimed to own it until 1880 ; that he lumbered more or less on the lot in the meantime ; that he sold stumpage therefrom to Barton G. Towne, who logged on the lot with several men for about one month between 1867 and 1870 ; that one Stalbird worked with another man and horses for Heywood logging on the lot, for about ten days in the year 1879; that during the time Heywood claimed to own it, it was known as the “ Heywood lot ” in the…
2Cases cited10 opinions
- Lessee of Ewing v. BurnetSupreme Court of the United States · 1837
- Bond v. O'GaraMassachusetts Supreme Judicial Court · 1900
- Webb v. RichardsonSupreme Court of Vermont · 1869
- Aldrich v. GriffithSupreme Court of Vermont · 1893
- Bowen v. GuildMassachusetts Supreme Judicial Court · 1881
5 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Weeks v. MorinSupreme Court of New Hampshire · 1931
- Salminen v. JacobsonSupreme Court of New Hampshire · 1928