ELMER v. RODGERS

No. 5365.

106 N.H. 512 (1965)

WILLIAM B. ELMER v. E. HUDSON RODGERS & a.

Supreme Court of New Hampshire.

Decided December 7, 1965.


Attorney(s) appearing for the Case

Batchelder & Murphy (Mr. Walter L. Murphy orally), for the plaintiff.

Robert G. Wakefield and Cofran, Quint & Greenhalge (Mr. L. Wilder Quint orally), for the defendants.


LAMPRON, J.

The West Thornton Methodist Church owned this property from 1888 until it was conveyed to the defendants in 1963. Having never been used as a church lot, prescriptive rights could be acquired in it. RSA 477:34. The Master's report was in part as follows:

"The undisputed evidence was to the effect that members of the general public as well as members of the church and their guests have used the beach and an area near the beach for bathing and picnicking...

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