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SPAULDING v. CLARK

No. 5001.

104 N.H. 30 (1962)

ELLIS R. SPAULDING & a. v. WALTER CLARK, JR. & a.

Supreme Court of New Hampshire.

Decided January 29, 1962.

Attorney(s) appearing for the Case

Shulins & Duncan (Mr. Duncan orally), for the plaintiffs.

Howard B. Lane (by brief and orally), for the defendants.

LAMPRON, J.

The issue to be decided is whether the defendants who own a lot which does not abut on Sand Pond have the right to cross plaintiffs' property to reach its shore.

The lots owned by the parties were originally part of an eighteen-acre tract owned by a common predecessor in title, the Perkins Brothers, James M. and Waldo H. Perkins. They conveyed the lot now owned by the plaintiffs to Herbert N. Flagg on June 16, 1911 "Reserving the right to cross...

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