Clark v. Beach
Supreme Court of Connecticut
IN ERROR. This was an action of trespass quare clausum fregit, brought originally by Simeon Beach against Elisha Clark, before William Kellogg, Esq. a justice of the peace, alleging, that the plaintiff, on the 1st of May, 1823, was well seised and possessed of a certain tract of land, upon which the defendant entered, trode down and destroyed the grass, &c. demanding seven dollars damages.
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IN ERROR. This was an action of trespass quare clausum fregit, brought originally by Simeon Beach against Elisha Clark, before William Kellogg, Esq. a justice of the peace, alleging, that the plaintiff, on the 1st of May, 1823, was well seised and possessed of a certain tract of land, upon which the defendant entered, trode down and destroyed the grass, &c. demanding seven dollars damages. The defendant pleaded as follows: “ That at the time of doing the acts and committing the supposed trespasses in the plaintiff’s declaration mentioned, one Abby Betsey Mills was the true and legal owner of…
1Concurrence
Hosmer, Ch. J.
For the reasons assigned, in this case, by the judge appointed to deliver them, I concur in affirming the judgment of the superior court; but relative to the admission of the mortgage deed in evidence, to sustain the defendant’s plea of title, I have the misfortune to differ from my learned brethren. I am of opinion, that it should have been rejected.
The defendant avers, in his plea, that “ one Abby Betsey Mills was the true and legal owner of the land on which, &c- and was, then and there, lawfully seised and possessed of the *153same.” The plaintiff’s action demanded seven dollars…
2Cases cited21 opinions
- Goodwin v. RichardsonMassachusetts Supreme Judicial Court · 1814
- Chalker v. ChalkerSupreme Court of Connecticut · 1814
- Smith v. SherwoodSupreme Court of Connecticut · 1822
- Swift v. EdsonSupreme Court of Connecticut · 1825
- Coolidge v. RugglesMassachusetts Supreme Judicial Court · 1819
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