One cannot avail himself of the previous possession of another under whom he does not claim, in order to establish a title to land by adverse possession. To sustain a claim for betterments, the tenant must show that he had actual and peaceable possession of the premises, claiming in good faith and supposing that he had a legal title for more than six years prior to the commencement of the suit.
CARPENTER, J.
The defendant has no title. He cannot avail himself of the possession of Daggett Cross, because he does not claim under them. Bailey v. March, 3 N.H. 275; Edmunds v. Griffin, 41 N.H. 530; Simpson v. Downing, 23 Wend. 316; Jackson v. Loyd, cited in Jackson v. Woodruff, 1 Cow. 286; Sawyer v. Kendall, 10 Cush. 241; Leonard v. Leonard, 7 Allen 277, 281. If he did claim under them, the result would be the same, because the adverse possession was interrupted by the plaintiff's entry upon the land, and claim of title, in 1871. Campbell v. Wallace, 12 N.H. 362, 367; Wendell v. Moulton, 26 N.H. 41, 59; Gage v. Gage, 30 N.H. 420, 426; Burrows v. Gallup, 32 Conn. 493; Brickett v. Spofford, 14 Gray 514.
It is not found that the defendant was in the actual and peaceable possession of the premises, claiming in good faith and supposing that he had a good legal title for more than six years before the action was commenced, and his claim for betterments cannot be allowed. G. L., c. 232, s. 6. Bellows v. Copp, 20 N.H. 492; Wendell v. Moulton, 26 N.H. 41, 65; Tripe v. Marcy, 39 N.H. 439.
Judgment for the plaintiff.
ALLEN, J., did not sit: the others concurred.