St. Peter's Church v. Beach
Supreme Court of Connecticut
Trespass quare clausum fregit, tried to the jury upon the general issue with notice. The suit was brought to recover damages for an entry upon a certain lot of land in Milford and the removal of a fence which enclosed the southerly portion of the lot. It was admitted upon the trial that the defendant had entered upon the lot and removed the fence, but the parties were at issue in relation to the title to the lot, especially in regard to the southerly part of it.
Read the full summary
Trespass quare clausum fregit, tried to the jury upon the general issue with notice. The suit was brought to recover damages for an entry upon a certain lot of land in Milford and the removal of a fence which enclosed the southerly portion of the lot. It was admitted upon the trial that the defendant had entered upon the lot and removed the fence, but the parties were at issue in relation to the title to the lot, especially in regard to the southerly part of it. It was conceded that the title was originally in the proprietors of common and undivided lands in Milford ; that the lot was not…
1Opinion of the CourtEllsworth, J.
There is no error in the admission, by the court below, of the testimony of Lambert and French, for the purposes stated in the motion. The reasons are too obvious to need comment.
As to the nature and consequences of long continued possession of real estate, which possession is supposed to have commenced under license, and is claimed in the course of time to have become adverse, we think the court stated the law correctly, and accompanied the submission of the evidence with such remarks as the case called for. But in the charge of the court as to the rule of damages, the court has undoubtedly…
2Cases cited4 opinions
- Noyes v. WardSupreme Court of Connecticut · 1848
- Linsley v. BushnellSupreme Court of Connecticut · 1842
- Ives v. CarterSupreme Court of Connecticut · 1856
- Beecher v. Derby Bridge & Ferry Co.Supreme Court of Connecticut · 1855
3Cited by17 opinions
- Burruss v. HinesSupreme Court of Virginia · 1897
- Welch v. DurandSupreme Court of Connecticut · 1869
- Employers Reinsurance Corp. v. Mid-Continent Casualty Co.Court of Appeals for the Tenth Circuit · 2004
- Oviatt v. PondSupreme Court of Connecticut · 1861
- Kelly v. RogersSupreme Court of Minnesota · 1874
12 more not listed; retrieve them via the Exa API.