Knowles v. Dow
Superior Court of New Hampshire
Trespass, for breaking and entering the close of the plaintiffs, situate in Hampton, and carrying away several loads of sea-weed and flats-weed, &c. The writ was made returnable before a magistrate, and the defendant filed six pleas, upon which the action was transferred to this court for trial. The first plea was, that the close was the soil and freehold of the State, and that the defendant, as a citizen of the State, did the acts complained of.
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Trespass, for breaking and entering the close of the plaintiffs, situate in Hampton, and carrying away several loads of sea-weed and flats-weed, &c. The writ was made returnable before a magistrate, and the defendant filed six pleas, upon which the action was transferred to this court for trial. The first plea was, that the close was the soil and freehold of the State, and that the defendant, as a citizen of the State, did the acts complained of. The second plea was, that the close was not the close of the plaintiffs. The third was a plea of prescription in a que estate. The fourth was a plea…
1Opinion of the CourtGilchrist, C. J.
The custom alleged is that the inhabitants of Hampton have had, from time immemorial, the liberty and *404privilege of hauling sea-weed and flats-weed upon the close, and there depositing it, and afterwards of carrying it away at their pleasure.
It is said by the plaintiffs that the custom, as alleged, is unreasonable.
In the case of Tyson v. Smith, 9 Ad. & E. 406, the custom was that every liege subject exercising the trade of a victualler, might enter on the plaintiffs’ close at the time of certain fairs, and erect booths, stalls, tables, and posts, and continue them a reasonable time after the…
2Cases cited4 opinions
- Smith and Others v. Carrington and OthersSupreme Court of the United States · 1807
- Coleman v. WiseNew York Supreme Court · 1807
- Wiggin v. DamrellSuperior Court of New Hampshire · 1827
- Gage v. StewartNew York Supreme Court · 1809
3Cited by1 opinion
- Department of Natural Resources v. Mayor of Ocean CityCourt of Appeals of Maryland · 1975