Legal Opinion

Gorrill v. Whittier

Superior Court of New Hampshire

Decided August 15, 1825PublishedCited by 9 opinions

This was an action of trespass for breaking and entering the plaintiffs close, alleged to be situated in Northiield, in this county., ........

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This was an action of trespass for breaking and entering the plaintiffs close, alleged to be situated in Northiield, in this county., ........ The cause was tried here at August term, 1824, upon the general issue ; when it appeared, that the locus in quo was situated within what were considered the limits of the original township of Canterbury, of which Northiield is pari, from 1730, when the line of Canterbury was run by the proprietors, until .1791, when a dispute arose between Northiield and Gilmanton. That dispute continued until 1821, when, on an application to the court of sessions in…

1Opinion of the CourtRichardson, C. J.

On behalf of the plaintiff iu this case, it is contended, that the court of sessions, although authorized to settle and establish disputed lines between towns, and renew the bounds and marks of the same, had no authority to alter the lines of towns or counties ; that the order of that court, which so establishes the line between Northfield and Gilmanton, as to leave the locus in quo in Gilmanton, alters the line between those towns ; and that the doings of the sessions, not being authorized by law, are void.

That the sessions had no authority to alter the lines of towns or counties, is a…

2Cases cited2 opinions

  1. Cable v. CooperNew York Supreme Court · 1818
  2. Butler v. PotterNew York Supreme Court · 1819

3Cited by9 opinions

  1. Smith v. KnowltonSuperior Court of New Hampshire · 1840
  2. Rodgers v. EvansSupreme Court of Georgia · 1850
  3. Sanborn v. FellowsSuperior Court of New Hampshire · 1851
  4. Carlton v. BathSuperior Court of New Hampshire · 1851
  5. Hollister v. AbbottSuperior Court of New Hampshire · 1855

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