Fraser v. Hunter
U.S. Circuit Court for the District of District of Columbia
Trespass qaare clausum fregit. offered to prove by a witness, that some years ago, Simon Summers, an old and legal surveyor of the county of Alexandria, who is now dead, showed the witness a line of Chapman’s land, under whom the defendants claim to hold, at or near Hall’s Spring, and stated to the witness that Hall’s Spring was on the land of the Alexandersto which evidence the defendants objected, and the Court (Thruston, J., absent,) refused to permit the same to be given…
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Trespass qaare clausum fregit. offered to prove by a witness, that some years ago, Simon Summers, an old and legal surveyor of the county of Alexandria, who is now dead, showed the witness a line of Chapman’s land, under whom the defendants claim to hold, at or near Hall’s Spring, and stated to the witness that Hall’s Spring was on the land of the Alexandersto which evidence the defendants objected, and the Court (Thruston, J., absent,) refused to permit the same to be given ; to which refusal the plaintiffs took a bill of exceptions. The plaintiffs offered in evidence a trust deed, dated…
1Opinion of the Court
Cranch, C. J.,
was of opinion that as the deed did not describe the lands conveyed by W. S. Alexander to Mr. Dade, by metes and bounds, his possession could not be considered as extending beyond his actual possession proved. Ellicott v. Pearl, 10 Peters, 442.
Morsell, J.,
was of opinion that the deed should go to the jury with such parol evidence as had been given.
The plaintiffs, however, gave subsequent evidence of acts of possession, by cutting wood for fuel and other purposes, on the disputed lands, by the son of the plaintiff Walter S. Alexander, about sixteen years ago, and then the CouRT…
2Cases cited14 opinions
- Lessee of Ewing v. BurnetSupreme Court of the United States · 1837
- Ricard v. WilliamsSupreme Court of the United States · 1822
- Lessee of Clarke v. CourtneySupreme Court of the United States · 1831
- Lessee of Sicard v. DavisSupreme Court of the United States · 1832
- Alexander and Other v. PendletonSupreme Court of the United States · 1814
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