Merwin v. Camp
Supreme Court of Connecticut
THIS was an action of trespass quart clausum fregit, brought by the plaintiffs, as agents of the first society of Durham ; and tried in Middlesex county, December term, 1818, before Trum-hull, Hosmer and Peters, Js.
Read the full summary
THIS was an action of trespass quart clausum fregit, brought by the plaintiffs, as agents of the first society of Durham ; and tried in Middlesex county, December term, 1818, before Trum-hull, Hosmer and Peters, Js. Qn {|le trial, the defendants admitted the acts complained of; but rested their defénce on the following grounds: 1. That at the time those acts were done, one Samuel C. Camp was in possession under the plaintiffs as their tenant ; and that the plaintiffs, therefore, could not sustain the action. 2. That the defendants owned the locus in quo, as heirs of one Hezekiah Talcott,…
1DissentPeters, J.
I dissent from the opinion of the Chief Justice merely as to the effect of the lease of He.ze.kiah Talcott, and the charge of the court relative to its termination. The acceptance of the lease, by the society, is a question of fact, and was properly left to the jury. And the court were perfectly correct in saying, “ That a tenant cannot be permitted to deny the title and authority of his landlord.” But they erred in adding, “ That the force and operation of that lease ceased and expired upon the death of Talcott the lessor, or at farthest, upon the death of the Rev. Elizur Goodrich, the…
2Cases cited3 opinions
- Jackson ex dem' Klein v. GrahamNew York Supreme Court · 1805
- Lessee of Galloway v. OgleSupreme Court of Pennsylvania · 1810
- Jackson ex dem. Bleecker v. WhitfordNew York Supreme Court · 1804