Glidden v. Bennett
Supreme Court of New Hampshire
Trespass, quare clausum. Plea, the general issue. The plaintiff' owned a farm in which dower was assigned to Mrs. Stevens, a widow, who afterward married the defendant. There were no buildings on the dower. The plaintiff' and the defendant agreed upon a division of fence between the dower and the rest of the farm, and each built one half of the fence according to the agreement.
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Trespass, quare clausum. Plea, the general issue. The plaintiff' owned a farm in which dower was assigned to Mrs. Stevens, a widow, who afterward married the defendant. There were no buildings on the dower. The plaintiff' and the defendant agreed upon a division of fence between the dower and the rest of the farm, and each built one half of the fence according to the agreement. The fence built by the defendant was built in the usual manner, of stákes and boards, thirty-nine rods and seventeen links in length. The defendant’s wife died April 6, 1860, and the defendant eutered April 23, 1860,…
1Opinion of the CourtSargent, J.
It is claimed that the defendant, by his marriage, became a tenant of the premises during his wife’s life, and therefore *307that he might remove any fixtures placed by him on the land, by the same rule that would apply between landlord and tenant.
But there was evidently no such relation existing between the plaintiff and the defendant. By his marriage the defendant became interested in the lands of his wife during her life ; and it seems that he had possession of and occupied and carried on the land as owner, making division of and building the partition fence between himself and plaintiff, as…
2Cases cited1 opinion
- Ripley v. PaigeSupreme Court of Vermont · 1839
3Cited by1 opinion
- McFadden v. . AllenNew York Court of Appeals · 1892