Merwin v. Morris
Supreme Court of Connecticut
Action in the nature of trespass qu. el. fr., brought originally before a justice of the peace and thence by the defendants’ appeal to the Court of Common Pleas for New Haven County, and tried to the jury before Hubbard, J.; verdict and judgment for the plaintiff, and appeal by the defendants for alleged errors in the rulings and charge of the court.
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Action in the nature of trespass qu. el. fr., brought originally before a justice of the peace and thence by the defendants’ appeal to the Court of Common Pleas for New Haven County, and tried to the jury before Hubbard, J.; verdict and judgment for the plaintiff, and appeal by the defendants for alleged errors in the rulings and charge of the court. The complaint alleged (1) that the plaintiff on June 25th, 1896, owned and was possessed of a certain piece of land described by its bounds; (2) that on said June 25th the defendants unlawfully entered on said land and pulled up the posts of a…
1Opinion of the CourtHamersley, J.
The refusal to charge in the language of the 9th request is not error. The weight to be given to an entry with color of title, upon the question of adverse possession, depends upon the circumstances of the case and the nature of the color of title claimed. It does not necessarily follow that adverse possession can be proved by less evidence *568when the entry is under color of title than when it is not. Under the circumstances of this case the court properly left to the jury the weight to be given to the defendants’ alleged color of title.
The other requests to charge, so far as applicable to the…
2Cases cited11 opinions
- City of Boston v. RichardsonMassachusetts Supreme Judicial Court · 1870
- Church v. MeekerSupreme Court of Connecticut · 1867
- Norton v. PettiboneSupreme Court of Connecticut · 1829
- Sherwood v. BurrSupreme Court of Connecticut · 1810
- Long v. ColtonMassachusetts Supreme Judicial Court · 1875
6 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Grayson v. MuckleroySupreme Court of Alabama · 1929
- Clark v. DrskaConnecticut Appellate Court · 1983
- Foote v. BrownSupreme Court of Connecticut · 1908
- Borden v. Town of WestportSupreme Court of Connecticut · 1930
- Paton v. RobinsonSupreme Court of Connecticut · 1909
19 more not listed; retrieve them via the Exa API.