“Trespass for cutting down 4000 timber trees on lot No. 1, in the fifth division of lands drawn to the right of David Chandler, in the township formerly called New Suncook, now composing the towns of Lovell and Sweden, whereof the plaintiffs and defendants are tenants in common, against the statute of the 15th of March, 1821, ch. 35. Plea, the general issue of not guilty. At the trial it appeared in evidence, that the township was granted to certain proprietors by resolves of the legislature of Massachusetts, passed on the 5th of February, 1774, and 13th of April, 1779, of which David Chandler was one, and' in the first division of the lots, drawn by the proprietors on the 23d of March, 1780, he drew No. 14. The fifth division was not drawn until the 23d of September, 1817, when the lot now in controversy was drawn to the right of No. 14. David Chandler died about fifty years ago, leaving several children his heirs, whose title in the premises, excepting that of David Chandler, the eldest son (who took a double share or quarter part of the premises), was, in December 1820, and January 1821, conveyed to Samuel Farrar, one of the plaintiffs, and by him a moiety was conveyed to the co-plaintiff, Prevost, in March, 1822. This constituted the plaintiffs’ title.”