The evidence of Richardson's declarations, made while he was in possession of the land, as to the location of a boundary, was competent to rebut the defendant's evidence of the plaintiff's constant recognition of the boundary claimed by the defendant, and would have been competent as affirmative evidence of his own boundaries. South Hampton v. Fowler,54 N.H. 197, and cases cited on page 200.

Report recommitted.

STANLEY, J., did not sit: the others concurred. *Page 174