Comins v. Comins
Supreme Court of Connecticut
This was an action of ejectment for a barn-yard and the barn and carriage-house thereon standing, in the town of Thompson.
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This was an action of ejectment for a barn-yard and the barn and carriage-house thereon standing, in the town of Thompson. The cause was tried, on the general issue, at Brooklyn, January term, 1851. On the trial, the plaintiff claimed to recover the seisin and possession of the barn-yard and buildings standing thereon, mentioned in the declaration; claiming title as executor of the last will and testament of Josiah Comins, who, it was admitted, was, in 1833, the owner of a farm of about eighty acres, with a dwelling-house and other buildings thereon, and of which, the demanded premises…
1Opinion of the CourtStorrs, J.
As this case has been submitted to us without argument, and no brief has been presented on one side, we are not aware on what ground the plaintiff would vindicate the first claim made by him, on the trial, that, although the defendant, while he occupied the demanded premises, claimed title thereto in himself, yet, that, as he so occupied by virtue of a parol gift only from the owner, (who was his father and the plaintiff’s testator,) such possession was not adverse to the owner, but was to be deemed in law subordinate to his title. If indeed nothing had appeared in the case, excepting merely…
2Cited by13 opinions
- Klein v. DeRosaSupreme Court of Connecticut · 1951
- Horowitz v. F. E. Spencer Co.Supreme Court of Connecticut · 1945
- Cooey v. PorterWest Virginia Supreme Court · 1883
- Ruick v. TwarkinsSupreme Court of Connecticut · 1976
- McClenahan v. StevensonSupreme Court of Iowa · 1902
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