58 A. 42 | N.H. | 1902
The finding of the referees, that one of the defendants was guilty of a technical trespass, includes a finding that the plaintiff was in possession of the pond. The possession entitles him to a judgment in the action, unless the facts reported show that the defendant against whom the finding was made had a better right of possession. Fowler v. Owen,
It not appearing that the defendants have rights that conflict with those which the plaintiff asserts, it would be a useless task to attempt to render a decision as to the character of the latter. Although such a decision would bind the parties to the action and the agreement for reference, it might not bind those (if any there be) who really have interest's that are adverse to the plaintiff's. As the case stands, there should be judgment in favor of the plaintiff.
Case discharged.
All concurred. *595