Ballou v. Hale
Supreme Court of New Hampshire
This was trover, brought to recover the value of two tons of hay, or grass, cut and carried away, and converted by defendant to his use in August, 1863, each ton being worth $7; also for a like quantity of plaintiffs hay, wrongfully taken and converted to defendant’s use in August of each of the four years preceding .1863. This action was tried by the court upon the general issue.
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This was trover, brought to recover the value of two tons of hay, or grass, cut and carried away, and converted by defendant to his use in August, 1863, each ton being worth $7; also for a like quantity of plaintiffs hay, wrongfully taken and converted to defendant’s use in August of each of the four years preceding .1863. This action was tried by the court upon the general issue. The evidence in the case tended to show, that oneMillen, under whom the parties hold their title, owned certain lands called part of the Mark Meadows in Swanzey, and upon his death one undivided half of the same…
1Opinion of the CourtBellows, J.
The partition by parol was not valid, notwithstanding the division line was marked and monuments set up, and notwithstanding the parties for several years occupied in accordance with the division'so made. This is too clear to need the citation of authorities, and the doctrine is not controverted by counsel. It is recognized also by the recent decision of this court in Wilder v. Russell, Cheshire Co. Dec. Term, 1866.
It is also well settled in New Hampshire, that the conveyance by one tenant in common of a part of the land by metes and bounds, is not valid as against the other tenant in common,…
2Cases cited8 opinions
- Barnett's Adm'r v. Barnett's Adm'rCourt of Appeals of Kentucky · 1858
- Varnum v. AbbotMassachusetts Supreme Judicial Court · 1815
- Porter v. HillMassachusetts Supreme Judicial Court · 1812
- Rising v. StannardMassachusetts Supreme Judicial Court · 1821
- Duncan v. SylvesterSupreme Judicial Court of Maine · 1844
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3Cited by2 opinions
- Ianotti v. CiccioSupreme Court of Connecticut · 1991
- Elmore v. ElmoreSupreme Court of Florida · 1957