Williams v. Ensign
Supreme Court of Connecticut
This was an action of trespass quare clausum fregit; tried at Hartford, September term, 1822, before Chapman, J. The plaintiff claimed title to the premises described in the declaration, solely by adverse possession of fifteen years. The defendant claimed, that during the fifteen years, the land was possessed by Elisha Williams, who held the record title, and that during said time, Williams permitted one Cotton to use and occupy the land on shares.
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This was an action of trespass quare clausum fregit; tried at Hartford, September term, 1822, before Chapman, J. The plaintiff claimed title to the premises described in the declaration, solely by adverse possession of fifteen years. The defendant claimed, that during the fifteen years, the land was possessed by Elisha Williams, who held the record title, and that during said time, Williams permitted one Cotton to use and occupy the land on shares. To prove that Cotton held the land under Williams, the defendant offered to prove, that while Cotton was in the personal occupation of the land,…
1Opinion of the Court
Hosmer, Ch. J.
Whether, while in possession of the premises in controversy, the declaration of Cotton, that he held under Williams, from whom the defendant derived title, and was to deliver him a part of the produce of the land, was admissible in evidence, is the only question in this case.
To ascertain the character of an act, or the intention with which it was performed, hearsay has often been admitted part of the res gesta. This, very frequently, is the best and only evidence, of which the nature of the case admits.
In Bateman & al. v. Bailey, 5 Term Rep. 512. upon the enquiry whether the…
2Cited by7 opinions
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- Elwood v. SaterlieSupreme Court of Minnesota · 1897
- Bliss v. WinstonSupreme Court of Alabama · 1840
- Rosenberg v. BurnsteinSupreme Court of Minnesota · 1895
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