Toby v. Reed
Supreme Court of Connecticut
This was an action of trespass for the entry of the defendant on the plaintiff’s land and taking and carrying away several specified articles of personal property, including a quantity' of corn-stalks, some unthreshed wheat and a few sticks of timber. The cause was tried at Litchfield, August term, 1831, before Mosmer, Ch. J. Barnabas Toby, the plaintiff’s father, was formerly the owner of the real estate described in the declaration.
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This was an action of trespass for the entry of the defendant on the plaintiff’s land and taking and carrying away several specified articles of personal property, including a quantity' of corn-stalks, some unthreshed wheat and a few sticks of timber. The cause was tried at Litchfield, August term, 1831, before Mosmer, Ch. J. Barnabas Toby, the plaintiff’s father, was formerly the owner of the real estate described in the declaration. The plaintiff claimed title thereto, by virtue of two mortgage deeds from his father to him, one dated the 16th of January 1829, embracing the grantor’s home…
1Opinion of the Court
Hosmer, Ch. J.
Several objections are made to the legality of the determinations by the court below, which I shall distinctly consider.
1. For the purpose of establishing the plaintiff’s claim for the two hundred dollars, specified in the condition to his bill of sale, he offered the deposition of one William Hollenbeck. The defendant objected to its admission; and the court excluded it. This is all that appears ; the ground of objection or of exclusion, being no where stated. There are not in the motion sufficient facts, to enable the court to see, that the exclusion of the testimony was…
2Cases cited4 opinions
- Lyon v. LymanSupreme Court of Connecticut · 1831
- Patten v. SmithSupreme Court of Connecticut · 1823
- Beckwith v. AngellSupreme Court of Connecticut · 1823
- Burrows v. StoddardSupreme Court of Connecticut · 1820
3Cited by1 opinion
- Waterbury Savings Bank v. LawlerSupreme Court of Connecticut · 1878