Giddings v. Canfield
Supreme Court of Connecticut
This was an action of ejectment, for so much of a piece of land described in the declaration and the house thereon as 256 dollars in value bears to the sum of 1350 dollars in value, being an undivided interest of the plaintiff in said land and house, as tenant in common with Andrew Giddings, Jonathan Giddings and Joel Northrop, jun. An ouster on the 17th of November, 1820, was alleged, in the usual form.
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This was an action of ejectment, for so much of a piece of land described in the declaration and the house thereon as 256 dollars in value bears to the sum of 1350 dollars in value, being an undivided interest of the plaintiff in said land and house, as tenant in common with Andrew Giddings, Jonathan Giddings and Joel Northrop, jun. An ouster on the 17th of November, 1820, was alleged, in the usual form. On the back of the writ, the defendant made and signed the following writing: "Stratford, November 28th, 1820. I accept service of this writ, and acknowledge the same to be legally served on…
1Opinion of the Court
Hosmer, Ch. J.
Facts which shew that the defendant held adversely, by a denial of the plaintiff’s right to possess, or claimed the whole of the premises for himself, are sufficient evidence of an actual ouster. Doe d. Fisher & al. v. Prosser, Cowp. 217. Doe d. Hellings & ux. v. Bird, 11 East, 49.
The defendant claimed all the land demanded, by deed from Joel Northrop jun., executed four years before the levy of the execution, under which the plaintiff derives title. By an acknowledgment in writing, the defendant admitted due service of the plaintiff’s writ, and, at the same time, that he was in…
2Cases cited2 opinions
- Starr v. LeavittSupreme Court of Connecticut · 1817
- Jessup v. BattersonSupreme Court of Connecticut · 1812
3Cited by7 opinions
- Citizens' Bank v. BounySupreme Court of Louisiana · 1880
- Carpenter v. CarpenterMichigan Supreme Court · 1899
- Cook v. SwanSupreme Court of Connecticut · 1823
- Osborne v. TaylorSupreme Court of Connecticut · 1890
- Wynn, Shannon & Co. v. CoxSupreme Court of Georgia · 1848
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