Rogers v. Kenrick
Supreme Court of New Hampshire
Trespass qu. el. The question was the locality of a boundary line on the west side of the plaintiff’s land, and the east side of the defendant’s. The plaintiff claimed the establishment of one line by agreement: a second he claimed to be the true line: a third was claimed by the defendant. The verdict was for the second. The plaintiff claimed under Rogers, who bought of Cross now deceased.
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Trespass qu. el. The question was the locality of a boundary line on the west side of the plaintiff’s land, and the east side of the defendant’s. The plaintiff claimed the establishment of one line by agreement: a second he claimed to be the true line: a third was claimed by the defendant. The verdict was for the second. The plaintiff claimed under Rogers, who bought of Cross now deceased. Subject to the defendant’s exception, the plaintiff testified that while he, as agent of Rogers, was negotiating with Cross for the land now owned by the plaintiff, Gross went with him upon the land, and…
1Opinion of the CourtDoe, C. J.
The evidence of Cross’s declarations showed his assent to the line he pointed out, and, with evidence of the assent of the owner on the other side, would tend to prove an agreed line which might be material, although it is neither of the lines claimed by these parties. It does not appear that the evidence was offered or used for the purpose of determining the true line as distinguished from an agreed one, or for any purpose for which it was not competent, or that it was material or prejudicial. The, use of the chalk in argument raises no question of law. The propriety of the objective…
2Cited by8 opinions
- Mitchell v. Boston & Maine RailroadSupreme Court of New Hampshire · 1894
- Burnham v. StillingsSupreme Court of New Hampshire · 1911
- Haskell v. Manchester Street RailwaySupreme Court of New Hampshire · 1906
- Nicholaides v. WallaceSupreme Court of New Hampshire · 1934
- Smith v. MorrillSupreme Court of New Hampshire · 1902
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