Bush v. Bradley
Supreme Court of Connecticut
MOTION for a new trial. This was an action of ejectment for a lot of land in city of New-Iiaven. The suit was commenced on _ the 9th of November, 1808. The defend^1 pleaded the general issue; and on the trial, the case appeared to be as follows: Josiah Wood-house died seised of the premises m 1766; and on his death, the same descended to his only son Robert, who centered thereon, and died seised thereof in 1775; and on his death the same descended to Mary Woodhouse, his «nly…
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MOTION for a new trial. This was an action of ejectment for a lot of land in city of New-Iiaven. The suit was commenced on _ the 9th of November, 1808. The defend^1 pleaded the general issue; and on the trial, the case appeared to be as follows: Josiah Wood-house died seised of the premises m 1766; and on his death, the same descended to his only son Robert, who centered thereon, and died seised thereof in 1775; and on his death the same descended to Mary Woodhouse, his «nly child, who was born in December, 1774, and who intermarried with James Goldear in 1794, before she arrived at the age…
1Opinion of the CourtReeve, J.
(after stating the case.) It was contended by the defendant, that the plaintiffs could not recover without joining the other persons in the same degree of kindred with themselves in the suit. This objection cannot prevail, since a practice has obtained in this state, where there are several who have a joint title, for one or any number of them to sue and recover against him who has no title. Although this is not the rule of the common law of England, yet, as no inconvenience is expo-*304rienced from this practice long established, it wo,ul<|jp@t be proper to restore the old common law. No injury…
2Cases cited1 opinion
- Hillhouse v. ChesterU.S. Circuit Court for the District of Connecticut · 1808
3Cited by31 opinions
- Smith v. Planning & Zoning Board of MilfordSupreme Court of Connecticut · 1987
- Jackson ex dem. Swartwout v. JohnsonNew York Supreme Court · 1825
- Whitehead v. FoleyTexas Supreme Court · 1858
- Kline v. BeebeSupreme Court of Connecticut · 1827
- Mettler v. MillerIllinois Supreme Court · 1889
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