Sumner v. Child
Supreme Court of Connecticut
THIS was an action of ejectment for certain lands in Woodstock, in the county of Windham. The cause was tried at Windham, September term, 1818, before Swift, Cii..!. and Edmond and Peters, Js. On the trial, the plaintiffs claimed litle to the lands demanded, under a sale, by order of the court of probate for Pomfret district, within which they lay, in pa\ ment of debts due from William Dudley, late of Roxbury in Massachusetts, deceased.
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THIS was an action of ejectment for certain lands in Woodstock, in the county of Windham. The cause was tried at Windham, September term, 1818, before Swift, Cii..!. and Edmond and Peters, Js. On the trial, the plaintiffs claimed litle to the lands demanded, under a sale, by order of the court of probate for Pomfret district, within which they lay, in pa\ ment of debts due from William Dudley, late of Roxbury in Massachusetts, deceased. William Dudley died, seised of the lands in question, at Roxbury, in 1786 ; administration on his estate was granted in Pomfret district, in 1814 ; the lands…
1Opinion of the Court
Swift, Ch. J.
In this case, it appeared, that the defendant, and those under whom he claimed, had been in possession of the demanded premises, more than twenty-eight years; and the court instructed the jury, that from great length of time, and accompanying circumstances, they were authorized to presume a grant; and the question is, whether this direction was- correct.
It has been insisted on, by the counsel for the plaintiffs, that an entire grant cannot be presumed. As this doctrine was never before heard of, it is proper to examine whether there can be any foundation for it. It appears, from…
2Cases cited3 opinions
- Gray v. GardnerMassachusetts Supreme Judicial Court · 1807
- Beach v. CatlinSupreme Court of Connecticut · 1810
- French v. GraySupreme Court of Connecticut · 1816
3Cited by17 opinions
- Ricard v. WilliamsSupreme Court of the United States · 1822
- Unknown Heirs of Langworthy v. BakerIllinois Supreme Court · 1860
- Ruick v. TwarkinsSupreme Court of Connecticut · 1976
- Townsend v. Estate of DownerSupreme Court of Vermont · 1859
- Cahill v. CahillSupreme Court of Connecticut · 1903
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