Wakefield v. Ross
U.S. Circuit Court for the District of Rhode Island
Ejectment [by Ebenezer Wakefield] for lands situate in Rhode Island. The defendant [Lemuel Ross] pleaded, 1. not guilty: 2. the statute bar of twenty years’ possession under the statute of Rhode Island for quieting possessions. To the last plea there was a replication denying the twenty years’ possession.
Read the full summary
Ejectment [by Ebenezer Wakefield] for lands situate in Rhode Island. The defendant [Lemuel Ross] pleaded, 1. not guilty: 2. the statute bar of twenty years’ possession under the statute of Rhode Island for quieting possessions. To the last plea there was a replication denying the twenty years’ possession. Issues being joined on both pleas, the cause was tried at this term, when the material facts and evidence were as follows: The plaintiff’s demand was for two contiguous parcels of land, one of which he claimed as owner of the south part of the head lot No. 17, and the other as the owner, of…
1Opinion of the CourtStory, Circuit Justice
(charging jury). The question, as to the first parcel of land in controversy, turns upon a mere point of boundary between the lots No. 17 and No. 18.—The question is, whether the land now possessed by the defendant, Ross, as the northern boundary of lot No. 18, includes any portion of the land belonging to lot No. 17. It ,s often matter of extreme doubt, how the exact boundaries run in cases of laying out lots or this nature. If the black-birch tree on the east side nl the lot, No. 17, was an ancient boundary, and was so deemed by the respective owners in former times, and the line ran from…
2Cited by6 opinions
- Brock v. MilliganOhio Supreme Court · 1840
- Abbott v. AbbottSupreme Judicial Court of Maine · 1863
- O'Donnell v. PenneySupreme Court of Rhode Island · 1890
- Eaton v. RiceSuperior Court of New Hampshire · 1836
- Boston & Worcester Rail Road v. SparhawkMassachusetts Supreme Judicial Court · 1843
1 more not listed; retrieve them via the Exa API.