Read v. Leeds
Supreme Court of Connecticut
This was an action of trespass quare clausum fregit, with a count m case, under the late statute. The cause was tried at Fairfield, April adjourned term 1848, before Ellsworth, J. On the trial, it was proved and admitted, that the plaintiff was the owner of a certain piece of land in the town of Stamford, bounded North by a highway ; he having acquired a title thereto, by a deed from Stephen B. Provost, executed and delivered to the plaintiff, in 1843. The plaintiff claimed…
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This was an action of trespass quare clausum fregit, with a count m case, under the late statute. The cause was tried at Fairfield, April adjourned term 1848, before Ellsworth, J. On the trial, it was proved and admitted, that the plaintiff was the owner of a certain piece of land in the town of Stamford, bounded North by a highway ; he having acquired a title thereto, by a deed from Stephen B. Provost, executed and delivered to the plaintiff, in 1843. The plaintiff claimed to have proved, that the defendant had done the acts complained of in the declaration; and that the locus in quo was in…
1Opinion of the Court
Church, Ch. J.
This case has been submitted to us, upon the briefs of counsel. We have examined the authorities referred to, and are persuaded, that the charge of the judge at the circuit, is free from legal objection.
We consider the case now, as conceding, that the locus in quo was a part of a public highway, and upon that side of *187the centre which adjoined the plaintiff’s land. The plaintiff was the adjoining proprietor.
Notwithstanding this, and while the defendant concedes, that in such case, the plaintiff will be considered, prima facie, as owning and possessing the land to the centre of…
2Cases cited1 opinion
- Stiles v. CurtisSupreme Court of Connecticut · 1810
3Cited by8 opinions
- State v. MuoloSupreme Court of Connecticut · 1935
- Taylor v. ArmstrongSupreme Court of Arkansas · 1863
- Teass v. City of St. AlbansWest Virginia Supreme Court · 1893
- Norcross v. GriffithsWisconsin Supreme Court · 1886
- Lachman v. BarnettNevada Supreme Court · 1884
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