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6 N.H. 215

Wheeler v. Rowell

Superior Court of New Hampshire

Decided July 15, 1833

Superior Court of New Hampshire · decided 1833-07-15

This was a writ of error brought to reverse a judgment of the court of common pleas.

Cited by 1 later decisions — most recently April 1772

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1833-07-15

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By the court*

¶1We are of opinion, that the jury were misdirected in the court below, in this case.

¶2It is, without doubt, necessary, in trespass, qvare clau-sum fregit, to prove the abuttals of the close as stated. 5 N. H. Reports, 322; 2 Rolle’s Ab. 677; Yelverton, 114, Winkworth vs. Man: 1 Moore, 161, Taylor vs Hoomun, 3 Starkie’s Ev. 1435; 1 Chitty’s Pl. 363—364; Buller’s N. P. 89.

¶3This was clone substantially in this case. For although the close was not abutted all along on the southerly side, by land of Vespasian Wheeler ; yet, still it was abutted southerly on his land, and this was enough to satisfy the description. Abuttals are not to be construed strictly. The description of the close as abutting on Wheeler’s land did not imply that it was abutting there all along on Wheeler’s close. 1 Taunton, 497.

¶4Judgment reversed.

¶5Parker, J. having been of Comise), did not sit.

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