Kelsey v. Hanmer
Supreme Court of Connecticut
This was an action of ejectment, brought by Albert Kelsey and Mary Kelsey, his wife, and Samuel Smith and Susan Mi-Smith, his wife, demanding the seisin and possession of a parcel of land, particularly described.
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This was an action of ejectment, brought by Albert Kelsey and Mary Kelsey, his wife, and Samuel Smith and Susan Mi-Smith, his wife, demanding the seisin and possession of a parcel of land, particularly described. The declaration alleged, that of this parcel of land, the plaintiffs, on the 20th day of July 1843, were well seised and possessed, and remained so seised and possessed until the 5th day of August 1843, when the defendant, without law or right, and contrary to the mind and will of the plaintiffs, thereinto entered and ejected the plaintiffs therefrom, and have ever since continued,…
1Opinion of the CourtWaite, J.
A new trial is claimed, in this case, upon several grounds.
1. It is said, that the evidence offered by the plaintiffs, did not conduce to prove the title set up in the declaration. The averment there, is, that the plaintiffs were well seised and possessed of the demanded premises, which, the defendant claims, implies a joint seisin, whereas the evidence offered shows, that the two husbands were seised only in right of their wives; and to justify the admission of the evidence, the averment should, have been according to the fact.
If the plaintiffs could prove a conveyance to all the plaintiffs…
2Cases cited3 opinions
- Bush v. BradleySupreme Court of Connecticut · 1810
- Hoyt v. DimonSupreme Court of Connecticut · 1813
- Alsop v. MagillSupreme Court of Connecticut · 1809
3Cited by13 opinions
- Nolan v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1898
- Loewenberg v. WallaceSupreme Court of Connecticut · 1960
- Lomas & Nettleton Co. v. City of WaterburySupreme Court of Connecticut · 1936
- Shorter v. SheppardSupreme Court of Alabama · 1859
- Connecticut Bank & Trust Co. v. WilcoxSupreme Court of Connecticut · 1986
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