Newell v. Woodruff
Supreme Court of Connecticut
Ejectment, to recover the possession of a dwelling-house and two pieces of land situated in the town of Bristol, of which the plaintiff claimed to be tenant in common with the. defendant; tried to the jury in the superior court, on the general issue, before Seymour, J. On the trial, after the plaintiff had closed his evidence, the counsel for the defendant moved for a nonsuit, on the ground that there was not sufficient evidence of an ouster to go to the jury.
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Ejectment, to recover the possession of a dwelling-house and two pieces of land situated in the town of Bristol, of which the plaintiff claimed to be tenant in common with the. defendant; tried to the jury in the superior court, on the general issue, before Seymour, J. On the trial, after the plaintiff had closed his evidence, the counsel for the defendant moved for a nonsuit, on the ground that there was not sufficient evidence of an ouster to go to the jury. The court sustained the motion and nonsuited the plaintiff, who thereupon moved to set aside the nonsuit, which motion was reserved…
1Opinion of the CourtButler, J.
An ouster is a wrongful dispossession or exclusion of a party from real property, who is entitled to the possession. Like all other wrongful acts, it involves a question of intent. It may be committed by one tenant in common against his or her co-tenant, and may be proved by any acts which show an actual intent to exclude the co-tenant permanently from his rights. Hence, although such acts as are consistent with an honest intent to account to his co-tenant for his share of the rents and profits, as the collection of all the rents, payment of all the taxes, occupation and enjoyment of the…
2Cited by25 opinions
- Ruick v. TwarkinsSupreme Court of Connecticut · 1976
- Hamilton v. MacDonaldCourt of Appeals for the Ninth Circuit · 1974
- Lucas v. CrofootSupreme Court of Connecticut · 1921
- Foulke v. BondSupreme Court of New Jersey · 1879
- Mastbaum v. MastbaumNew Jersey Court of Chancery · 1939
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