City of Providence v. Adams & Butterworth
Supreme Court of Rhode Island
• Action of trespass and ejectment to try title to recover possession of a parcel of land in tbe city of Providence. The defendant pleaded a former action by way of estoppel, and a replication thereto was filed by the plaintiff. The case was heard upon a special demurrer of the defendant to said replication. All the pleadings, showing the issue before the court, at the trial, are stated at the commencement of the opinion of the court. in support of the demurrer.
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• Action of trespass and ejectment to try title to recover possession of a parcel of land in tbe city of Providence. The defendant pleaded a former action by way of estoppel, and a replication thereto was filed by the plaintiff. The case was heard upon a special demurrer of the defendant to said replication. All the pleadings, showing the issue before the court, at the trial, are stated at the commencement of the opinion of the court. in support of the demurrer. I. The doctrine of estoppel is reasonable, just, and beneficial, and favored by the courts. Herman on Estoppel, 23, 24 ; Adams v.…
1DissentPotter, J.
Not being able to agree with my brethren in their conclusion, I think it is of consequence enough to give the reasons for my dissent.
There are two questions involved in the decision of the present question. 1st. What was the English practice as to the plea of soil and freehold, or liberum tenementum ; and 2d. Whether it ever has been or ought to be adopted in this state. According to the more ancient English practice it was enough for the plaintiff in trespass quare clausum to allege possession of a close in a parish, or perhaps only in the county, and without name or description. 1 Chitty…
2Cases cited3 opinions
- Burt v. SternburghNew York Supreme Court · 1825
- Tyson v. ShueeyCourt of Appeals of Maryland · 1853
- Lamb v. BeebeSupreme Court of Connecticut · 1834