Hutchins v. Carleton
Superior Court of New Hampshire
Trespass, for breaking and entering the plaintiff’s close, in Whitefield, being lot 8 in range 8, on December 1,1845, and on divers other days, and cutting and carrying away his pine trees, &c.
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Trespass, for breaking and entering the plaintiff’s close, in Whitefield, being lot 8 in range 8, on December 1,1845, and on divers other days, and cutting and carrying away his pine trees, &c. The plaintiff claimed the locus in quo, by virtue of an attachment thereof upon a writ in his favor against James Grover, 2d, made July 22d, 1841, in which action judgment was duly recovered in the court of common pleas, in Grafton county, February term, 1843, upon which execution was duly issued February 28, 1843, and was duly extended upon the locus in quo, April 18,1843, and seizin and possession…
1Opinion of the CourtWoods, J.
The plaintiff derives his title to the land in
controversy from a levy of an execution in his favor against James Grover, who had previously been in possession under a deed from Bellows and Carlisle. But before the commencement of the action which resulted in that execution, Grover had parted with his title, so that the levy was of no avail, except to define and characterize the possession taken under it by the plaintiff in 1843. The repeated acts of ownership, performed by his direction and authority, during that year, to wit, the possession given on the 25th of May, Grover’s entry in the…
2Cases cited5 opinions
- James v. MoreyCourt for the Trial of Impeachments and Correction of Errors · 1823
- Bailey v. MarchSuperior Court of New Hampshire · 1825
- Bailey v. MarchSuperior Court of New Hampshire · 1823
- Eaton v. GeorgeSuperior Court of New Hampshire · 1820
- Proprietors of Enfield v. PermitSuperior Court of New Hampshire · 1837
3Cited by1 opinion
- Farmers Cooperative Exchange, Inc. v. HolderSupreme Court of North Carolina · 1965