Smith v. Martin
Supreme Court of Connecticut
This was an action of trespass quare clausum fregit; tried at Brooklyn, January term, 1845, before Waite, J. On the trial, the plaintiff claimed title to the land described in her declaration as heir at law of Joshua Smith, deceased, under a deed from Solomon Smith jun., dated May 4th, 1801. The land conveyed by this deed, was thus described: “Beginning at a stake and stones at the North-west corner of the premises, and is the line of land belonging to Eleazer Co-burn ;…
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This was an action of trespass quare clausum fregit; tried at Brooklyn, January term, 1845, before Waite, J. On the trial, the plaintiff claimed title to the land described in her declaration as heir at law of Joshua Smith, deceased, under a deed from Solomon Smith jun., dated May 4th, 1801. The land conveyed by this deed, was thus described: “Beginning at a stake and stones at the North-west corner of the premises, and is the line of land belonging to Eleazer Co-burn ; thence East, 15 degrees South, by said Coburn’s land, 80 rods, to a stake and stones ; thence Southerly, by land belonging…
1Opinion of the CourtWaite, J.
On the trial of this case in the court below, the controversy between the parties was as to the dividing line between the lands of the plaintiff and those of the defendants. The plaintiff, in support of her claim, offered in evidence the declarations of her father, from whom she derived title, as his heir at law, made while he was living, and the owner of the lands which descended to her, as to the bound between the lands of the parties. The court, not adverting to the distinction between declarations made by an owner against his interest and those in his favour, admitted the evidence.
Upon…
2Cited by8 opinions
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