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Urch v. Rand

Supreme Court of New Hampshire Rockingham
May 4, 1915
94 A. 200 (N.H. 1915)

Opinion

Decided May 4, 1915.

TRESPASS quare clausum. Trial by the court. Transferred from the October term, 1913, of the superior court by Branch, J., on the plaintiff's exception to an order of nonsuit.

Thomas H. Simes and William E. Marvin, for the plaintiff.

Kelley Hatch and Page, Bartlett Mitchell, for the defendant.


The plaintiff's evidence tends to prove his possession of the tract of flats upon which the defendant trespassed. Possession is sufficient evidence of the right of possession in issue in trespass quare clausum, in the absence of proof of title in the defendant. The facts, if established, that the premises may be entirely covered by tidewater and that the plaintiff does not own the adjoining upland, do not conclusively controvert the plaintiff's possession or establish the defendant's title.

Exception sustained.

All concurred.


Summaries of

Urch v. Rand

Supreme Court of New Hampshire Rockingham
May 4, 1915
94 A. 200 (N.H. 1915)
Case details for

Urch v. Rand

Case Details

Full title:DAVID URCH v. MARIA RAND

Court:Supreme Court of New Hampshire Rockingham

Date published: May 4, 1915

Citations

94 A. 200 (N.H. 1915)
77 N.H. 603