Parsons v. Camp
Supreme Court of Connecticut
In ERROR. This was an action oftrespass quare clausum fregit, and for taking and carrying away manure, brought by Nathan Parsons and Seth R. Strong against Heth F. Camp and Miles Merwin, jr., before a justice of the peace, and appealed to the county court of Middlesex county.
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In ERROR. This was an action oftrespass quare clausum fregit, and for taking and carrying away manure, brought by Nathan Parsons and Seth R. Strong against Heth F. Camp and Miles Merwin, jr., before a justice of the peace, and appealed to the county court of Middlesex county. To this action the defendants pleaded, that on the 3d of September, 1829, the defendant, Camp, owned and possessed the land described in the declaration, and certain articles of personal property growing and being on the land, and then conveyed said land to the plaintiffs; and it was then and there agreed, by the…
1Opinion of the Court
Williams, Ch. J.
The first question presented, is, as to the admission of parol testimony to prove the agreement under which the defendants claimed a right to enter. They claim a license to enter upon the land, to take their own property, or that of one of them ; and although a title to real estate cannot be created by parol, yet a parol license will always prevent the party giving it from sustaining an action of trespass ; not that it gives a title, but because it shows there has been no trespass. But although this has not been denied, it is said, all the contract of the parties was merged in…
2Cited by13 opinions
- Rogers v. CoxIndiana Supreme Court · 1884
- Johnson's v. Wiseman'sCourt of Appeals of Kentucky · 1863
- Hazelton v. PutnamWisconsin Supreme Court · 1850
- Haslem v. LockwoodSupreme Court of Connecticut · 1871
- Nearing v. City of BridgeportSupreme Court of Connecticut · 1950
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