Trubee v. Miller
Supreme Court of Connecticut
Trespass for mesne profits; brought to the Superior Court in Fairfield County. The following facts were.found by a committee: On the 24th of October, 1873, Stephen H. Alden, who then owned in fee and was in possession of the prejnises described in the declaration, which were a country seat and farm in Westport in this state, known as “Compo Place,” executed and delivered to the plaintiff, Harriet A. Trubee, who was his daughter, for the consideration of one dollar, a…
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Trespass for mesne profits; brought to the Superior Court in Fairfield County. The following facts were.found by a committee: On the 24th of October, 1873, Stephen H. Alden, who then owned in fee and was in possession of the prejnises described in the declaration, which were a country seat and farm in Westport in this state, known as “Compo Place,” executed and delivered to the plaintiff, Harriet A. Trubee, who was his daughter, for the consideration of one dollar, a conveyance of the same in fee, the deed being recorded on the 27th of October, 1873, in the land records of Westport. Mrs.…
1Opinion of the CourtPardee, J.
The defendant contends that this action is trespass quare clausum fregit; that possession by the plaintiff at the time of the injury is a pre-requisite to the maintenance of that action; and that this plaintiff was barred from possession during the entire time of occupancy by the defendant, and that therefore she must fail in her suit.
But, while in form this is an action of trespass, being consequent upon and supplemental to the action of ejectment, and therefore necessarily partaking of its characteristics, in effect it is to recover the rents and profits of the estate, and although the…
2Cases cited2 opinions
- Green v. BiddleSupreme Court of the United States · 1823
- Morgan v. VarickNew York Supreme Court · 1832
3Cited by7 opinions
- Avery v. SpicerSupreme Court of Connecticut · 1916
- Alliance Trust Co. v. Nettleton Hardwood Co.Mississippi Supreme Court · 1896
- Redevelopment Agency v. Norwalk Aluminum Foundry CorporationSupreme Court of Connecticut · 1967
- Will v. RitchieSupreme Court of Kansas · 1900
- Pacific Life Stock Co. v. IsaacsOregon Supreme Court · 1908
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