Kinney v. Farnsworth
Supreme Court of Connecticut
This was an action of trespass quare clausum fregit, the locus in quo being a strip of land, used as a passage-way, running from Main street in the city of Norwich up to Church street, between the Merchants'’ Hotel on the East, and the defendant’s dwelling-house on the West.
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This was an action of trespass quare clausum fregit, the locus in quo being a strip of land, used as a passage-way, running from Main street in the city of Norwich up to Church street, between the Merchants'’ Hotel on the East, and the defendant’s dwelling-house on the West. The cause was tried at Norwich, March term 1845, before Storrs, J. The plaintiff claimed title to said passage-way and the land adjoining East thereof, by virtue of certain deeds of conveyance shown by him. He also claimed title to the passage-way, by virtue of his possession and use thereof, for a period of more than…
1Opinion of the CourtStoues, J.
The defendant, being the owner of the lot of land West of and adjoining the place where the alleged trespass was committed, and claiming title to the same remotely, under Barzillai Davison, the former owner, by a deed from his administrators, which described it as bounded East on those under whom the plaintiff claimed title to said locus in quo, and the defendant having claimed on the trial, that the title to said locus was, when said deed was executed, in one Holden or his heirs, and not in the plaintiff or his grantors, the plaintiff adduced in evidence the declaration of the said Bar ■…
2Cited by15 opinions
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