Public-domain · open source
OpenJurist

2 N.H. 197

Lerned v. Morrill

Superior Court of New Hampshire

Decided April 15, 1820

Superior Court of New Hampshire · decided 1820-04-15

If a conveyance of land refer for its bounds íes to monuments not actually existing at the time, and the parties afterwards deliberately erect the monuments, they will be bound by them in the same manner as if erected before the conveyance- This was a writ of entry, in which the demandant counted upon his own seisin within twenty years and upon a dissei-sin by the tenant.

Good law ✅— No negative treatment on recordhow we know

Decided 1820-04-15

How this case has been cited

Cited by 5 later decisions — most recently September 1939

5 state decisions

20182018301840185018601870188018901900191019201930decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Per Curiam.

¶1The question presented to us in this case for decision, has long been settled, and must now be considered as entirely at rest. Where land has been conveyed by deed,and the description of the land in the deed has reference to monuments, not actually in existence at the time, but to be erected by the parlies at a subsequent period : when the parties have once been upon the land and deliberately erected the monuments, they will be as much bound by them, as if they had been erected before the deed was made. In this case, there was a reference in the deed to monuments not actually existing at the time, but the parties soon after went upon the land with a surveyor, run it out, erected monuments, and built their fences accordingly; and this is is not all. They respectively occupied the land according to the line thus established, for nearly ten years. And there is now no evidence in this case o! any mistake or misapprehension in establishing the line. There is no pretence |fcat the tenant could lawfully remove monuments thus deliberately erected and so long acquiesced in. His claim to the demanded premises, for ought that appears in this case, is without any' foundation whatever, and there must be

¶2Judgment for the demandant.

/2/nh/197 · .json · Public domain