Crandall v. Gallup
Supreme Court of Connecticut
This was an action of ejectment for two tracts of land in North-Stonington. The defendants in their plea set forth a decree in chancery, claiming that the plaintiff was thereby estopped to prosecute this action.
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This was an action of ejectment for two tracts of land in North-Stonington. The defendants in their plea set forth a decree in chancery, claiming that the plaintiff was thereby estopped to prosecute this action. The plea averred, that the plaintiff had no right or title to the demanded premises, except by virtue of a deed from Benjamin F. States, executed on the 14th of May, 1836, in pursuance of an order of the court of probate for the sale of the real estate of Charles E. Phelps, deceased. It then stated, that in August, 1833, Benjamin Pomeroy, a citizen of this state, as administrator of…
1Opinion of the Court
Williams, Ch. J.
A variety of objections have been made to the plea of the defendants. It is said, such a plea to this action, is hardly to be found in our books. The action of ejectment, in England, and some of our sister states, is a peculiar action ; of comparatively recent origin; and is shaped and moulded, by the court, in such a manner as to relieve it from many of the technical difficulties, which encumbered the ancient real actions. And if, as is said, in Wood v. Jackson, 8 Wend. 35. 40. the law of the action does not allow a special plea, it does not follow, that the rule applies to…
2Cases cited11 opinions
- Ricard v. WilliamsSupreme Court of the United States · 1822
- Wood v. Jackson ex dem. GenetCourt for the Trial of Impeachments and Correction of Errors · 1829
- Drinkwater v. DrinkwaterMassachusetts Supreme Judicial Court · 1808
- Griswold v. BigelowSupreme Court of Connecticut · 1826
- Smith v. SherwoodSupreme Court of Connecticut · 1822
6 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Allen v. RulandSupreme Court of Connecticut · 1906
- Buckingham's Appeal From ProbateSupreme Court of Connecticut · 1891
- Elliott v. PellNew York Court of Chancery · 1828
- Mirando v. MirandoSupreme Court of Connecticut · 1926
- Walsh v. FeustelSupreme Court of Connecticut · 1919
1 more not listed; retrieve them via the Exa API.