The evidence, as described above, supports these findings. See Webster v. Boscawen, 67 N.H. 111, 113, 29 A. 670 (1891) (recitals in ancient records and grants is competent evidence of laying out); State v. Atherton, 16 N.H. 203, 209-10 (1844) (dedication and acceptance may be inferred by public use).The defendants argue that, if the lane was a public road, it was discontinued pursuant to Revised Statute 53:7 of 1842, which provides:

Certain deeds introduced as exhibits in the first trial were also used to establish certain locations on the ground. [1, 2] The master could properly rule and find on the record that the above 1788 layout was admissible, Webster v. Boscawen, 67 N.H. 111, 29 A. 670 (1891), and constituted proof that a highway was lawfully laid out by the Town of Stoddard on November 12, 1788. On the evidence presented, the master could properly find, rule and recommend, as he did, that this 1788 layout began at the Windsor-Stoddard line and extended to what is probably the present Shedd Hill Road.

He believes that under such circumstances the master should have considered, but did not, his circumstantial evidence which consisted of certain deed recitals, testimony regarding the use of the road and the 1917 Farmington Town Report that refers to a road, which the plaintiff alleges to be the Old Road to Trotting Park, as a private way. The plaintiff relies upon Webster v. Boscawen, 67 N.H. 111 (1891), which he reads as holding that recitals in ancient records and deeds as well as evidence of public use of a road are competent to prove the proper laying out of a public highway. He contends that similar evidence is equally competent to prove the discontinuance of a public road. Webster is not as broad as the plaintiff reads it because no deeds were involved; the only document in issue was a town record of a vote to lay out the highway.

This record, in connection with . . . the evidence that the road as laid out was used more or less extensively as a public highway until 1876, was evidence sufficient to sustain a finding that the highway was legally laid out." Webster v. Boscawen, 67 N.H. 111, 113. See also Thompson v. Major, 58 N.H. 242, 244.