Webster v. Boscawen
Supreme Court of New Hampshire
Bill in Equity, under c. 48, Laws of 1888, alleging that the plaintiff is in possession of a tract of land described in Boscawen, claiming a freehold therein. The defendants claim that the land is a legally existing highway. The plaintiff prays that the title be determined by the court, and for an injunction. Facts found by the court.
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Bill in Equity, under c. 48, Laws of 1888, alleging that the plaintiff is in possession of a tract of land described in Boscawen, claiming a freehold therein. The defendants claim that the land is a legally existing highway. The plaintiff prays that the title be determined by the court, and for an injunction. Facts found by the court. The land described in the bill has been known for more than one hundred years as the old ferry road, which originally ran from King street on Boscawen plain to Clement’s ferry on the Merrimack river. The ferry ceased to be used about 1804. The plaintiff acquired…
1Opinion of the CourtClark, J.
The exception to the admission of the transcript of the town records of what purports to be a return of a highway laid out to Clement’s ferry, because the return is not signed by any one, is not sustained. In Willey v. Portsmouth, 35 N. H. 303, it is held that reputation, such as recitals in ancient records and grants, is competent evidence of the laying out of ancient highways. The record was a public declaration that a highway had been laid out in the place described; and after the lapse of more than one hundred years the presumption is that it was legally laid out. This record, in…
2Cases cited3 opinions
- Thompson v. MajorSupreme Court of New Hampshire · 1878
- Plummer v. OssipeeSupreme Court of New Hampshire · 1879
- State v. Vale MillsSupreme Court of New Hampshire · 1883
3Cited by3 opinions
- Davenhall v. CameronSupreme Court of New Hampshire · 1976
- Gill v. GerratoSupreme Court of New Hampshire · 2007
- Williams v. BabcockSupreme Court of New Hampshire · 1981