Knowles' Petition
Superior Court of New Hampshire
Petition, for a highway in the town of Northfield, representing that the selectmen, although duly petitioned therefor, had neglected and refused to lay out the same.
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Petition, for a highway in the town of Northfield, representing that the selectmen, although duly petitioned therefor, had neglected and refused to lay out the same. The description of the road prayed for, as set forth in the petition, was in these words, “ Beginning on the west side of lot No. 55, in said town, at a stake and stones, fifty-five rods from the north corner of said lot, thence running north-westerly about eighty-four rods, to a stake and stones on the highway, leading over Bayhill road, so called, in said Northfield.” The description of the road, laid out by the commissioners,…
1Opinion of the CourtBell, J.
The south terminus is well enough described in the petition. It appears there was a stake and stones on the west line of lot No. 55, thirty-four rods from the north-west corner. There was none at fifty-five rods from that corner, as set forth in the petition. This stake and stones was the terminus described and intended in the petition, as the commissioners report. The mistake in the distance is immaterial. If part of the description is incorrect, that part maybe rejected, if there remain other more certain means to fix the point intended. A fixed monument, as the stake and stones in this…
2Cases cited2 opinions
- Morrill v. WallaceSuperior Court of New Hampshire · 1837
- Bowman v. FarmerSuperior Court of New Hampshire · 1836
3Cited by1 opinion
- Neville v. Highfields Farm, Inc.Supreme Court of New Hampshire · 1999