Potter v. City of New Haven
Supreme Court of Connecticut
Ejectment, brought to the Superior Court in New Haven county, and tried on the general issue closed to the court, before Phelps, J. The declaration alleged that the plaintiff on the 1st day of May, 1863, was seized and possessed, of his own right in fee, of the land described, and that on that day the defendants entered and ejected him therefrom and had ever since held him out of possession, and claimed the sum of ten dollars damages and the possession of the premises.
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Ejectment, brought to the Superior Court in New Haven county, and tried on the general issue closed to the court, before Phelps, J. The declaration alleged that the plaintiff on the 1st day of May, 1863, was seized and possessed, of his own right in fee, of the land described, and that on that day the defendants entered and ejected him therefrom and had ever since held him out of possession, and claimed the sum of ten dollars damages and the possession of the premises. On the trial the plaintiff offered evidence to prove, and claimed that he had proved, that on the day mentioned he was the…
1Opinion of the CourtButler, J.
We are all satisfied that the judgment below was right. The plaintiff brought his action of disseizin, alleging that he was the owner of a tract of land, that the defendants entered upon it and ejected him therefrom, and thereafter deforced and continued to deforce and hold him out of the premises, to his damage the sum of $10, and demanding the surrender of the possession together with the damages and costs.
The declaration is in the common form in use in this state in the action of disseizin. On the trial the plaintiff did not prove any ouster or dispossession, but simply that the defendants…
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