Whitcher v. Town of Benton
Supreme Court of New Hampshire
This is a petition for damages for laying out a highway over land of the petitioner in Benton. The claim of the petitioner is founded on the 10th section of the 53d chapter of the Compiled Statutes.
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This is a petition for damages for laying out a highway over land of the petitioner in Benton. The claim of the petitioner is founded on the 10th section of the 53d chapter of the Compiled Statutes. The petitioner is the wife of Chase Whitcher, of said Benton, to whom she was married about nineteen years ago, and said land belonged to her prior to her said marriage, and, by virtue of an ante-nuptial contract entered into between the petitioner and said Chase, and duly acknowledged and recorded, she has ever since said marriage held or been entitled to hold, said land to her "sole and separate…
1Opinion of the CourtNesmith, J.
The petitioner claims compensation for her land, situate in the town of Benton, in this county, taken by the joint board of selectmen of two towns for the purpose of establishing a public highway over the same. The application is founded upon the 10th section of chapter 53 of the Compiled Laws. This section prescribes "that any person who had no actual notice of the laying out, or altering of any highway, may, within one year after the same shall be opened and made, apply to the court of common pleas for redress, and the court, after no*159tice to the town and others interested, shall award…
2Cases cited1 opinion
- Owners of Ground v. Mayor of AlbanyNew York Supreme Court · 1836
3Cited by4 opinions
- United States v. 79.31 Acres of LandCourt of Appeals for the First Circuit · 1983
- United States v. 79.31 Acres of LandCourt of Appeals for the First Circuit · 1983
- Braunstein v. Akillian (In Re Akillian)United States Bankruptcy Court, D. Massachusetts · 2011
- Cahoon v. CoeSupreme Court of New Hampshire · 1876