Huntington v. Whaley
Supreme Court of Connecticut
Ejectment, tried to the jury on the general issue. On the trial it appeared that the plaintiffs and the wife of the defendant were adjoining proprietors of land, and that'the defendant was rightfully in the possession of the land belonging to his wife, and the only question between the parties related to the divisional line between these adjoining lands.
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Ejectment, tried to the jury on the general issue. On the trial it appeared that the plaintiffs and the wife of the defendant were adjoining proprietors of land, and that'the defendant was rightfully in the possession of the land belonging to his wife, and the only question between the parties related to the divisional line between these adjoining lands. It was proved and admitted that for more than sixty years before the 1st of April, 1850, there had been a stone wall, about three feet in width, that had during all that time served as a divisional fence between these proprietors and those…
1Opinion of the CourtSanford, J.
We think the charge to the jury was erroneous. The parties were adjoining proprietors of lands, the plaintiffs owning on the east and the defendant on the west side of the dividing line. A stone wall three feet in thickness had for sixty years served as a divisional fence. The plaintiffs claimed to be the rightful owners of the whole wall, and the land on which it stood, up to the west side of the wall. In April, 1850, the defendants took down the west side of the wall, and set a barn near to the centre of it; and the plaintiffs brought this action of disseizin to vindicate their title and…
2Cases cited2 opinions
- Proprietors of the Kennebeck Purchase v. SpringerMassachusetts Supreme Judicial Court · 1808
- Jackson ex dem. Bonnell v. SharpNew York Supreme Court · 1812
3Cited by26 opinions
- Roche v. Town of FairfieldSupreme Court of Connecticut · 1982
- Flesher v. CallahanSupreme Court of Oklahoma · 1912
- Bridgeport Hydraulic Co. v. SciortinoSupreme Court of Connecticut · 1952
- Clark v. DrskaConnecticut Appellate Court · 1983
- Robinson v. MyersSupreme Court of Connecticut · 1968
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