Legal Opinion

Hale v. Wiggins

Supreme Court of Connecticut

Decided October 15, 1865PublishedCited by 5 opinions

Complaint exhibited to a county commissioner and a justice of the peace for a forcible entry and detainer, tried to the court upon the general issue severally pleaded.

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Complaint exhibited to a county commissioner and a justice of the peace for a forcible entry and detainer, tried to the court upon the general issue severally pleaded. On the trial the defendants offered evidence to prove that during the year 1855 one William W. Hale was the tenant- and in possession of the land as to which the forcible entry and detainer was alleged, and that on December 18th, 1855, the then owner conveyed the same to him in fee ; that he thenceforward continued to be the owner thereof until May 23d, 1863, when he conveyed it to Mary Wiggins, then and still the wife of one…

1Opinion of the Court

Hinman, O. J.

The only question which is now made upon this writ of error is, whether the court was correct in *103excluding certain evidence offered by the defendants on the original trial, for the purpose of proving that the complainant was not in possession of the premises at the time she claimed to have been forcibly ejected therefrom, but on the contrary that Joel Wiggins one of the defendants was in possession.

The evidence which was offered to prove this was certainly not very conclusive in its nature, and was very liable to be deprived of any force whatever by evidence of possession…

2Cited by5 opinions

  1. Banks v. PorterSupreme Court of Connecticut · 1872
  2. Ealahan v. EalahanSupreme Court of Connecticut · 1922
  3. Goodhart v. StateSupreme Court of Connecticut · 1911
  4. Hotchkiss v. DaltonSupreme Court of Connecticut · 1878
  5. Lister v. GlosIllinois Supreme Court · 1908

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