Catlin v. Decker
Supreme Court of Connecticut
Ejectment: tc recover possession of a tract of land in the town of Litchfield; tried to the court (Loomis, J.~) on the general issue with notice.
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Ejectment: tc recover possession of a tract of land in the town of Litchfield; tried to the court (Loomis, J.~) on the general issue with notice. The court found the following facts: On the 9th oí April, 1864, the title and possession of the demanded premises were vested in John Catlin of Litchfield ; and on the same day John Catlin and the defendant agreed that said Catlin should sell and convey, and that the defendant should purchase the premises of him, for the price oí two hundred and fifty dollars, to be paid in five annual installments of fifty dollars each and interest on or before the…
1Opinion of the CourtButler, C. J.
A careful examination of the numerous authorities cited by the plaintiff has failed to satisfy us that the plaintiff’s deed is valid.
It is undoubtedly true that one who enters into the possession of land in subordination to the title of the real owner, is estopped from denying _ that title while he holds actually or presumptively under it.
The plaintiff claims in his first point that the defendant, having commenced his possession of the premises by the consent of the owner, that possession can never become adverse. But the authorities do not ■ sustain the position. There are authorities to the…
2Cases cited2 opinions
- Zeller's Lessee v. EckertSupreme Court of the United States · 1846
- Jackson, ex rel. Shaw v. SpeakNew York Supreme Court · 1831
3Cited by8 opinions
- Borden v. Town of WestportSupreme Court of Connecticut · 1930
- Ambrose v. HuntingtonOregon Supreme Court · 1899
- Lucas v. CrofootSupreme Court of Connecticut · 1921
- Top of the Town, LLC v. Somers Sportsmen's Ass'nConnecticut Appellate Court · 2002
- Goodwin v. BragawSupreme Court of Connecticut · 1913
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