Austin v. Ellis

This is a petition to quiet title. RSA 498:5-a (Supp. 1977). The plaintiff excepts to an adverse ruling of the Trial Court (Johnson, J.) who entered a decree for the defendants awarding them all of the real estate in dispute. RSA 498:5-d (Supp. 1977). The issues come to us in the form of a bill of exceptions, RSA 490:10, because the court rejected plaintiffs proposed reserved case. See RSA 491:17. We overrule the plaintiffs exceptions.

Based on a 1962 warranty deed conveying adjacent property, the plaintiff claims ownership to a strip of land in Canaan. He further claims that the defendants’…