Kline v. Beebe
Supreme Court of Connecticut
This was an action of ejectment for one undivided tenth part of a tract of land in Waterford. The cause was tried at New-London, October term, 1826, before Hosmer, Ch. J. The defendant was in possession, claiming title; and the only question was, whether the plaintiff had title. The plaintiff claimed title as tenant by the curtesy. He was the husband of Patty Kline, deceased, formerly Patty Bolles, daughter of Deborah Bolles.
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This was an action of ejectment for one undivided tenth part of a tract of land in Waterford. The cause was tried at New-London, October term, 1826, before Hosmer, Ch. J. The defendant was in possession, claiming title; and the only question was, whether the plaintiff had title. The plaintiff claimed title as tenant by the curtesy. He was the husband of Patty Kline, deceased, formerly Patty Bolles, daughter of Deborah Bolles. The land in question was devised to Deborah Bolles, for life, or during widowhood, with remainder to her daughter Patty. Deborah lived in New-London, from 1782 until her…
1Opinion of the Court
Hosmer, Ch. J.
Before I proceed to a discussion of the *499controvertible points in the case, I will express an opinion on some questions raised of no real difficulty.
Ebenezer Bolles was interested neither in the immediate result of this cause, nor in the record, and consequently, was a legal witness.
The enquiry whether at the execution of the deed in question, Patty Bolles was under the government of a parent or guardian, is not, as the plaintiff has contended, a question of fact, but of strict law. All the facts bearing on the point were submitted to the jury ; and the enquiry raised relates…
2Cases cited6 opinions
- Bush v. BradleySupreme Court of Connecticut · 1810
- Inhabitants of Worcester v. EatonMassachusetts Supreme Judicial Court · 1816
- Oliver v. HoudletMassachusetts Supreme Judicial Court · 1816
- Rogers v. HurdSupreme Court of Connecticut · 1809
- Maples v. WightmanSupreme Court of Connecticut · 1822
1 more not listed; retrieve them via the Exa API.
3Cited by50 opinions
- Boardman v. BoardmanSupreme Court of Connecticut · 1948
- Henry v. . RootNew York Court of Appeals · 1865
- Williams v. CleavelandSupreme Court of Connecticut · 1904
- Ruocco v. LogioccoSupreme Court of Connecticut · 1926
- American Freehold Land Mortgage Co. v. DykesSupreme Court of Alabama · 1895
45 more not listed; retrieve them via the Exa API.