Legal Opinion

Bean v. Thompson

Superior Court of New Hampshire

Decided December 15, 1848PublishedCited by 2 opinions

Trespass, for breaking and entering the plaintiff’s close, on the 7th of July, 1846, in Danbury, in said county, “ containing ten acres, known as the Kidder lot, being a part of lot No. 70, in the second division of lots in said Danbury,” and cutting and carrying away a quantity of grass, &c.

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Trespass, for breaking and entering the plaintiff’s close, on the 7th of July, 1846, in Danbury, in said county, “ containing ten acres, known as the Kidder lot, being a part of lot No. 70, in the second division of lots in said Danbury,” and cutting and carrying away a quantity of grass, &c. It appeared in evidence that the trespass complained of was committed on a piece of land containing from five to eight acres, known by the name of the “ store lot,” situated on the east side of said turnpike ; that said lot was enclosed, and on one side of it was a store, fronting said turnpike ; that a…

1Opinion of the CourtWoods, J.

The plaintiff, to maintain his action, relies upon a collector’s deed, against the validity of which several objections have been urged.

1. No return appearing upon the warrant calling the town meeting at which the tax was voted and the officers chosen, the persons who had been selectmen in 1842, and whose duty it had been to make such return,. were, upon motion, and upon satisfactory evidence that the facts would justify them, permitted by the court to make the proper return, and the town clerk for that year had leave also to amend the record accordingly.

Leave is often granted to officers,…

2Cases cited3 opinions

  1. Gibson v. BaileySuperior Court of New Hampshire · 1838
  2. Tucker v. AikenSuperior Court of New Hampshire · 1834
  3. Pike v. HansonSuperior Court of New Hampshire · 1838

3Cited by2 opinions

  1. Perry v. WestSupreme Court of New Hampshire · 1970
  2. Pearson v. WheelerSupreme Court of New Hampshire · 1874

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