Superior Court of New Hampshire December 15, 1839 (Peirce v. Somersworth)

Parker, C. J.

Had it appeared, in this case, that the highway, as laid out by the committee, extended over any land not within the limits of the turnpike road ; an exception, that the owner of such land had not been notified and had an opportunity to be heard, would have been fatal to the acceptance of the report, at least so far as it deviated from the land previously taken by the turnpike