Smith v. Chapin
Supreme Court of Connecticut
Trespass quare clausum fregit; tried in the superior court before Carpenter, J. The defendant pleaded the general issue •with notice of proof of title. The jury rendered a verdict for the defendant, and the plaintiffs moved for a new trial for errors in the rulings and charge of the court. The facts are very complicated, and a statement of them would require so much space that it is omitted.
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Trespass quare clausum fregit; tried in the superior court before Carpenter, J. The defendant pleaded the general issue •with notice of proof of title. The jury rendered a verdict for the defendant, and the plaintiffs moved for a new trial for errors in the rulings and charge of the court. The facts are very complicated, and a statement of them would require so much space that it is omitted. The principles of law determined by the court can be sufficiently understood from the opinion.
1Opinion of the CourtButlee, J.
The plaintiffs claimed under an unbroken chain of paper title, through several successive grantors, from an ancient conceded owner. The defendant traced his to an adverse possessory one, acquired, as he claimed, against some of those former owners, and enuring to John Manchester, with whom the defendant’s chain of paper title began. His claim was two-fold; first, that Joseph Wells, a former occupant, acquired such title, and second, that if the possession of Wells was not sufficient, those of Wells and Manchester were. The evidence offered to show an adverse possession by Wells was not…
2Cases cited1 opinion
- Fanning v. WillcoxU.S. Circuit Court for the District of Connecticut · 1808
3Cited by26 opinions
- Lake Garda Improvement Assn. v. BattistoniSupreme Court of Connecticut · 1971
- Marquis v. DrostSupreme Court of Connecticut · 1967
- Sherin v. BrackettSupreme Court of Minnesota · 1886
- Wishart v. McKnightMassachusetts Supreme Judicial Court · 1901
- McBurney v. CirilloSupreme Court of Connecticut · 2006
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