Stean v. Anderson
Superior Court of Delaware
This was an action of trespass, quare clausum fregit; commenced March 23,1842; tried April term, 1845. The pleas were not guilty,' and the act of limitation.
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This was an action of trespass, quare clausum fregit; commenced March 23,1842; tried April term, 1845. The pleas were not guilty,' and the act of limitation. The plaintiff prefaced proof of the trespass, by evidence that he was in possession of the premises, by assignment from one Truitt Thompson, who held under a judgment in partition, to which the defendant was a party. . He traced the title from a certain Miles Jones, who died in 1806, leaving to survive him five children, among whom was Elizabeth, the wife of Peter Butler. Elizabeth Butler died in 1813, leaving her husband and three…
1Opinion of the Court
Court.
—For the purpose of proving a transmission of title from Clifton and wife, to Truitt Thompson, this evidence is not admissible, because the execution of that bond is not proved; but an asssignment. of land has been proved, regularly executed from Thompson and wife, to Stean, and this assignment is the lost paper; the contents and object of that assignment may be proved, and also, the possession of Stean under it.
The witness proved that it was an assignment of the Miles Jones land, then in possession of Truitt Thompson. Stean went into possession immediately thereafter.
Plaintiff then…
2Cases cited7 opinions
- Holmes v. SeelyNew York Supreme Court · 1838
- Jackson ex dem. Murray v. HazenNew York Supreme Court · 1806
- People v. LeonardNew York Supreme Court · 1814
- Jackson v. RightmyreNew York Supreme Court · 1819
- Van Brunt v. SchenckNew York Supreme Court · 1814
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