Legal Opinion

Clarke v. Cross

Supreme Court of Rhode Island

Decided August 6, 1853PublishedCited by 1 opinion

Trespass and ejectment -for three undivided fourth parts of a lot of land in Westerly. Plea, the Statute of Possessions.

Read the full summary

Trespass and ejectment -for three undivided fourth parts of a lot of land in Westerly. Plea, the Statute of Possessions. The plaintiff filed a replication, alleging “ that the land and .premises described in the plaintiff’s declaration were, in the month of May, 1804, the property and estate, and in the possession of, -one Philip Dring ; and that the said Philip Dring died in June, 1804, being then the owner and possessor of said premises; and on the 30th day of June, 1806, one John Cross, of Westerly, was appointed administrator upon his estate, and the said John died before he had fully…

1Opinion of the CourtBrayton, J.

The question raised in the argument of this cause is, whether, under our Statute of possessions, where a person entitled to a right of entry is subject in succession to several of the disabilities mentioned in the proviso to that statute, he may claim the benefit of that proviso to all such disabilities, or must bring his suit within ten years after the removal of the first.

It seems to have been assumed in the discussion, that if the owner were under no disability at the commencement of the adverse possession, the operation of the statute would not be arrested by one subsequently arising ;…

2Cases cited3 opinions

  1. Walden v. The Heirs of GratzSupreme Court of the United States · 1816
  2. Rogers v. HillhouseSupreme Court of Connecticut · 1820
  3. Inman v. BarnesU.S. Circuit Court for the District of Rhode Island · 1814

3Cited by1 opinion

  1. Hammond v. RosewellSuperior Court of Rhode Island · 2008

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API