Clark v. Vaughan
Supreme Court of Connecticut
THIS was an action of ejectment for one undivided seventh part of a piece of land in Sterling. The ouster was laid on the 30th of October, 1782. The plaintiff’s action was commenced on the 30th of July, 1817, The cause was tried at Windham, January term, 1819, before Swift, Ch. J. and Brainard and Chapman, Js. Prior to the 2⅛⅛ of March, 1777, John Harris died, seised of a tract of land, including the demanded premises, leaving six children, viz.
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THIS was an action of ejectment for one undivided seventh part of a piece of land in Sterling. The ouster was laid on the 30th of October, 1782. The plaintiff’s action was commenced on the 30th of July, 1817, The cause was tried at Windham, January term, 1819, before Swift, Ch. J. and Brainard and Chapman, Js. Prior to the 2⅛⅛ of March, 1777, John Harris died, seised of a tract of land, including the demanded premises, leaving six children, viz. Jonathan, John, Seth, Mary, Abigail, and Lydia, the wife of Benjamin Clark. On that day, all of these, except Lydia, who was then dead, executed a…
1Opinion of the Court
Hosmer, Ch. J.
I shall express no opinion on the validity of the deed of partition ; the objections made by the defendant, independent of this consideration, being, in my judgment, unavailing.
To the plaintiff’s title it is first objected, that he is barred by the statute of limitations. It is a conclusive reply, that he had no right of entry until the death of his father, Benjamin Clark, in the year 1816 ; which was the year preceding the commencement of the plaintiff’s action. The statute does not operate against a person to whom neglect is not attributable ; nor commence running until after…
2Cases cited2 opinions
- Bush v. BradleySupreme Court of Connecticut · 1810
- Barrett v. FrenchSupreme Court of Connecticut · 1815
3Cited by8 opinions
- Dyer v. BrannockSupreme Court of Missouri · 1877
- Nelson v. DavisIndiana Supreme Court · 1871
- Heath v. WhiteSupreme Court of Connecticut · 1824
- Gill & Simpson v. Fauntleroy's HeirsCourt of Appeals of Kentucky · 1847
- Price v. HallIndiana Supreme Court · 1895
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