The New Hampshire Reports Volume 7

The New Hampshire Reports Volume 7

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1838 edition. Excerpt: ... by the town to the plaintiff. The grantor of the defendant, then, on the date of said deed, claimed neither title nor possession in the I land now in question, but limited his conveyance by said land. The defendant, therefore, holds nothing by deed; and the question is, under such circumstances, whose claim of possession is best, --that of the plaintiff claiming under the town, or the possession of the defendant. The plaintiff-i claims by vote of the town, passed on the 16th of September, 1816, conveying the premises to him in exchange for other land granted to the town by the plaintiff for the purposes of 'a highway, and this disposition of the land was made in pursuance of an article in the warrant for the town meeting. t Immediately after this vote, the plaintiff removed the fence betwixt his land and the highway, and enclosed within his field that portion of the highway adjacent to his land, but did not enter on the portion of the highway adjoining Furnald's land. ' It seems to be well settled, that the votes of proprietors of common and undivided land in townships, are sutficient to make partition of land and to convey the same; and the same rule has in some instances been extended to towns; and conveyances in this manner by them have been holden competent to pass-the title, at least where possession has been taken in conformity to the vote. Springfield vs. Miller, 12 Mass. 415; Adams vs. Frothingham, 3 Mass. 353; Codman_ Q' al. vs. Winslow, 10 Mass. 147'; Coburn vs. Ellenwood, 4 N.-H. R. 99. There can be no doubt but such a vote constitutes color of title. The entry of the plaintiif upon the premises was by virtue of the vote of thetown; but his actual occupation extended only to a portion of the highway. There more

Product details

  • Paperback | 160 pages
  • 189 x 246 x 9mm | 299g
  • United States
  • English
  • black & white illustrations
  • 1236935950
  • 9781236935953