Hathaway v. Hemingway
Supreme Court of Connecticut
This was an action of ejectment, to recover possession of a certain tract of land situated in the town of Suffield. On the trial of the cause to the jury, it was admitted, that the property originally belonged to one Seth Granger, and that the defendant was in possession. The plaintiff claimed title, by virtue of the levy of an execution in her favour against Granger; and introduced the judgment and execution, with the officer’s re turn thereon.
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This was an action of ejectment, to recover possession of a certain tract of land situated in the town of Suffield. On the trial of the cause to the jury, it was admitted, that the property originally belonged to one Seth Granger, and that the defendant was in possession. The plaintiff claimed title, by virtue of the levy of an execution in her favour against Granger; and introduced the judgment and execution, with the officer’s re turn thereon. The defendant then introduced a judgment in favour of Isaac C. Remington and Daniel G. Remington, and sundry other judgments in favour of Daniel…
1Opinion of the CourtWaite, J.
The first question, presented upon the motion, is, whether the court below erred in refusing to admit in evidence the deed offered by the defendant, in that stage of the trial, in which it was presented.
The rule upon this subject is a familiar one. When, by the pleadings, the burden of proving any matter in issue is thrown upon the plaintiff, he must, in the first instance, introduce all the evidence upon which he relies to establish his claim. He cannot, as said by Lord Ellenborough, go into half his case, and reserve the remainder. Rees v. Smith & al. 2 Stark. Ca. 31. Rex v. Beezley, 4 Car.…
2Cases cited1 opinion
- Wilson v. WattersonSupreme Court of Pennsylvania · 1846
3Cited by20 opinions
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- Season-All Industries, Inc. v. R. J. Grosso, Inc.Supreme Court of Connecticut · 1990
- State v. AddazioSupreme Court of Connecticut · 1975
- Tustin v. GauntOregon Supreme Court · 1873
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