Smith v. Sherwood
Supreme Court of Connecticut
This was an action of ejectment for a piece of land in Weston, alleging a disseisin, on the 31st of January, 1820. The defendant pleaded two pleas. The first alleged the title of the land in fee-simple to have been in the defendant. The second set up an estoppel. It was, substantially, as follows.
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This was an action of ejectment for a piece of land in Weston, alleging a disseisin, on the 31st of January, 1820. The defendant pleaded two pleas. The first alleged the title of the land in fee-simple to have been in the defendant. The second set up an estoppel. It was, substantially, as follows. On the 10th of February, 1815, Daniel Salmon commenced an action of ejectment against Elijah Seeley, Ezra Seeley and the defendant, for the land in question; to which the defendants pleaded no wrong nor disseisin. On this issue the cause was tried in the superior court, in Fairfield county, December…
1Opinion of the Court
818. Hosmer, Ch.
J. It has been contended, that the plaintiff must be considered as privy to Salmon; but as this point be- comes immaterial in the present case, I shall not discuss
*280The defendant pleads, that by law, the plaintiff is estopped from denying the title of Ezra and Elijah Seeley, which they acquired by deed from Stephen Sherwood, and under which he claims; and from setting up the title of Daniel Salmon.
The following are the facts contained in the defendant's plea, so for as it is necessary to state them.
The land in question, formerly was the property of Stephen Sherwood; and as early…
2Cases cited2 opinions
- Parkhurst v. Van CortlandtNew York Court of Chancery · 1814
- Church v. LeavenworthSupreme Court of Connecticut · 1810
3Cited by28 opinions
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- Wyman v. CampbellSupreme Court of Alabama · 1838
- Western M. & M. Co. v. Virginia Cannel Coal Co.West Virginia Supreme Court · 1877
- Belden v. SeymourSupreme Court of Connecticut · 1831
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