French v. Pearce
Supreme Court of Connecticut
This was an action of trespass quare clausum fregit; tried at Litchfield, February term, 1831, before Williams, J. The plaintiff and defendant were adjoining proprietors of land; and the land in controversy was the border between them, which was wood-land, unfenced. Both parties claimed under William French, the father of the plaintiff and of the defendant’s wife.
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This was an action of trespass quare clausum fregit; tried at Litchfield, February term, 1831, before Williams, J. The plaintiff and defendant were adjoining proprietors of land; and the land in controversy was the border between them, which was wood-land, unfenced. Both parties claimed under William French, the father of the plaintiff and of the defendant’s wife. The plaintiff’s title was admitted, unless the land was conveyed to the defendant’s wife, by a deed dated the 11th of May 1809; in which the line on the side adjoining the plaintiff was particularly described. A part of the…
1Opinion of the Court
Hosmer, Ch. J.
Whether the line of occupancy was the dividing line between the parties, was the point of controversy between them. The jury were charged, so far as relates to the deed, that if the line described in it was doubtful, they might take into consideration the possession and occupation of the defendant, for the purpose of determining it. This opinion seems not to be questioned; nor is it questionable. An occupation of land, by the defendant, as his own, under the plaintiff’s eye, to what he supposed to be the dividing line between him and the plaintiff, and which, for many years, the…
2Cases cited3 opinions
- Proprietors of the Kennebeck Purchase v. SpringerMassachusetts Supreme Judicial Court · 1808
- Bryan v. AtwaterSupreme Court of Connecticut · 1811
- Boston Mill Corp. v. BulfinchMassachusetts Supreme Judicial Court · 1810
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