Fanning v. Willcox
U.S. Circuit Court for the District of Connecticut
MOTION for a new trial, This was an action of ejectment; to which the general issue was pleaded, Qn ^g ^rjai the plaintiff claimed the land in question r * as devisee under the will of Thomas Fanning, deceased; to whom it had been appraised and set off under an exe-cutj0n a trains!. Josefih Noyes. It was admitted, that the ° plaintiff had a good and legal title, unless barred by the „ ,. . statute of limitations.
Read the full summary
MOTION for a new trial, This was an action of ejectment; to which the general issue was pleaded, Qn ^g ^rjai the plaintiff claimed the land in question r * as devisee under the will of Thomas Fanning, deceased; to whom it had been appraised and set off under an exe-cutj0n a trains!. Josefih Noyes. It was admitted, that the ° plaintiff had a good and legal title, unless barred by the „ ,. . statute of limitations. The defendants were in possession, as tenants under-Nathaniel Palmer. It appeared, that after the levy of Thomas Fanning's execution,(a) Noyes continued in possession until within…
1Opinion of the Court
By the Court.(b)
Actual ouster, and adverse possession, of any lands, tenements, or hereditaments, for fifteen years after the title, or cause of action accrued, and before suit brought, bars the plaintiff of his right of entry thereafter, whether the ouster and adverse possession be by the same person or persons, for the whole term of fifteen years, or by different persons for different periods, making fifteen years in the whole; provided, the disseisin and adverse possession have been continued and uninterrupted; and provided, that the plaintiff does not come within any of the exceptions *260ment…
2Cited by9 opinions
- Wishart v. McKnightMassachusetts Supreme Judicial Court · 1901
- Smith v. ChapinSupreme Court of Connecticut · 1863
- Matto v. Dan Beard, Inc.Connecticut Appellate Court · 1988
- Cunningham v. BrumbackSupreme Court of Arkansas · 1861
- Weatherhead, Etc. v. the Lessee of Bledsoe's HeirsTennessee Supreme Court · 1815
4 more not listed; retrieve them via the Exa API.