Lund v. Parker
Superior Court of New Hampshire
Trespass, for breaking and entering the plaintiff’s close, in Brookline, in this county. The cause was tried hero, at October term, 1843, upon the general issue ; when the plaintiff, ⅛ order to make out his title, proved, that in 1780, Samuel Chamberlain took possession of the land, and died in 1784 ; that after his death, his son, Wilder Chamberlain, was in possession, and having, by his will, directed his executor to sell all his real estate, died in 18id, In 1813, the…
Read the full summary
Trespass, for breaking and entering the plaintiff’s close, in Brookline, in this county. The cause was tried hero, at October term, 1843, upon the general issue ; when the plaintiff, ⅛ order to make out his title, proved, that in 1780, Samuel Chamberlain took possession of the land, and died in 1784 ; that after his death, his son, Wilder Chamberlain, was in possession, and having, by his will, directed his executor to sell all his real estate, died in 18id, In 1813, the executor sold the Incus in quo to the plaintiff. On the part of the defendants, it appeared in evidence, that the locus in…
1Opinion of the CourtRichardson, C. J.
There is no doubt, that possession of land without title, or color of title, is sufficient evidence of a seisin, in the possessor, to entitle him to hold the land, against every person, who can shew no better evidence of title. 2 John. 22, Jackson vs. Hazen.—4 ditto 202, Jackson vs. Harder.—10 ditto 338, Smith vs. Lorillard.—16 ditto 314.
But, when he, who is in possession of land, attempts to -avail himself of possession as a bar to the legal title, he must shew not only an undisturbed possession for twenty years, but a possession adverse to the title of the legal owner. In settling the…
2Cases cited6 opinions
- Codman v. WinslowMassachusetts Supreme Judicial Court · 1813
- Jackson ex dem. Murray v. HazenNew York Supreme Court · 1806
- Jackson ex dem. Preston v. SmithNew York Supreme Court · 1816
- Cummings v. WymanMassachusetts Supreme Judicial Court · 1813
- Jackson ex dem. Young v. EllisNew York Supreme Court · 1816
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Bailey v. CarletonSuperior Court of New Hampshire · 1841
- Waldron v. TuttleSuperior Court of New Hampshire · 1828
- Breck v. YoungSuperior Court of New Hampshire · 1841
- Bassett v. Salisbury Manufacturing Co.Superior Court of New Hampshire · 1854
- Marshall v. PierceSuperior Court of New Hampshire · 1841
5 more not listed; retrieve them via the Exa API.