Bryan v. Atwater
Supreme Court of Connecticut
MOTION for a new trial. Tfais was an action of disseisin, brought to recover an un- ° . _ divided moiety of a certain piece of land in Milford. The cause was tried before the Superior Court.
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MOTION for a new trial. Tfais was an action of disseisin, brought to recover an un- ° . _ divided moiety of a certain piece of land in Milford. The cause was tried before the Superior Court. It was agreed, on the trial, that Joseph Bryan, the father of the plaintiffs, was well seised of the demanded premises, at. the time tit ⅛ death, which happened prior to the 19th day of Scptcm-her, 1783 ; that at his death, he left four children and heirs at law, to wit, Joseph, Juliana, Richard S. and Isaac ; and also Juliana, his widow ; that the eldest child, Joseph, was born on the 28th day of…
1Opinion of the CourtIngersoll, J.
(After stating the case.) It is argued before this Court, against a new trial, by the counsel of the plaintiffs, that the charge given to the jury, was correct: in fact, that there was no case to be left to the jury. They insisted, that to make a possession adverse, it was essentially requisite, that the holding of the property should be in opposition to the title of the true owner; that riot only, there should be no holding under him, but his title should be disclaimed and denied by the holder ; that in the case under consideration, there was no denial of the plaintiffs’ title, but. on the…
2Cited by24 opinions
- Elder v. McClaskeyCourt of Appeals for the Sixth Circuit · 1895
- French v. PearceSupreme Court of Connecticut · 1831
- Emerson v. GoodwinSupreme Court of Connecticut · 1833
- Ziulkowski v. KolodziejSupreme Court of Connecticut · 1934
- Bradstreet v. ClarkeNew York Supreme Court · 1834
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