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14 N.H. 65

Hackett v. Sawyer

Superior Court of New Hampshire

Decided July 15, 1843

Superior Court of New Hampshire · decided 1843-07-15

Trespass, for breaking and entering the plaintiff’s close, being part of lot No. 15, in the fourth range in Gilmanton, on the first day of January, 1838, and carrying away certain mill logs, &c. To shew his title to the loans in quo, the plaintiff put in a deed from one Badger to one Young, the plaintiff’s ancestor, dated January 15, 1811, conveying to him “all of lot No. 15, in the 4th range, except fifty acres by measure off of the south-west end of said lot.” There was…

Decided 1843-07-15

Parker, C. J.

¶1Both rulings of the court in this case were right. There is no doubt that the deed from Clark to J. Sawyer, though not recorded, was admissible evidence to shew the defendant’s title to the fifty acres excepted in the deed to Badger.

¶2As to the agreement and award, their only effect was to establish a dividing line for the then future; but they could not be evidence to shew what the line was at the time of the alleged trespass, more than a year previous. They were clearly inadmissible.

¶3Exceptions overruled.

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