Larkin v. Avery
Supreme Court of Connecticut
This was an action of trespass for breaking, and entering certain apartments, used and occupied by the plaintiff as his dwelling-house, and forcibly ejecting, and removing him, and his family, and effects, therefrom.
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This was an action of trespass for breaking, and entering certain apartments, used and occupied by the plaintiff as his dwelling-house, and forcibly ejecting, and removing him, and his family, and effects, therefrom. The cause was tried before the superior court for New London county, at the term holden in March, 1854. On the trial it was admitted that about the middle of September, 1851, the plaintiff' with his family entered into possession of the south half of the basement story of a dwelling-house belonging to the’ defendant, in the village of Mystic, in the town of Groton, and that the…
1Opinion of the CourtEllsworth, J.
One question, made in this case, is, (whether the plaintiff, being removed from the defendant’s house, under a warrant, as stated, can be held to have relinquished his possession; and whether the defendant was i restored thereto, by his taking possession, so that he and not l the plaintiff was in possession at the time of the trespass.
We have no doubt, that in contemplation of law, the (plaintiff retained his possession as before, and the defendant acquired no right, by his entry while the plaintiff was kept out, by coercion. His absence was temporary and brief, (without design or consent,…
2Cases cited2 opinions
- People ex rel. Kline v. RickertNew York Supreme Court · 1828
- Tillman v. LansingNew York Supreme Court · 1809
3Cited by21 opinions
- Arbenz v. Exley, Watkins & Co.West Virginia Supreme Court · 1903
- City Coal Co. v. MarcusSupreme Court of Connecticut · 1920
- Williams v. Apothecaries Hall Co.Supreme Court of Connecticut · 1908
- Orentlicherman v. MatareseSupreme Court of Connecticut · 1923
- Evans v. Winona, Lumber Co.Supreme Court of Minnesota · 1883
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