Shepard v. Giddings
Supreme Court of Connecticut
This was an action of ejectment, brought to the superior , court, for the county of Litchfield, in August, 1850, to recover possession of certain premises situated in Barkhamsted; of which premises the plaintiff claimed to have been dispossessed, by the defendant.
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This was an action of ejectment, brought to the superior , court, for the county of Litchfield, in August, 1850, to recover possession of certain premises situated in Barkhamsted; of which premises the plaintiff claimed to have been dispossessed, by the defendant. On the trial to the jury, at the August term, 1852, under the general issue, with notice of special matter, the plaintiff claimed title to the demanded premises, from the administrators of Orville Howd, deceased, under a deed made by said administrators to him, by virtue of an order of the court of probate for the district of…
1Opinion of the CourtEllsworth, J.
The preliminary proof was sufficient to
allow the. introduction of the evidence offered. The original paper was in the state of Wisconsin, out of the jurisdiction of the court. Notice to the plaintiff himself, was not necessary ; for he claimed, in opposition to the paper, and could not be presumed to have possession of it, or even to have knowledge of its existence. The executor or administrator of Orville Howd, was the person, who, it should be presumed, held and controlled the paper, but whether he was still living, or if so, in this state or elsewhere, did not appear, on the trial. But it…
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