McCusker v. McEvey
Supreme Court of Rhode Island
Action of trespass and ejectment, for the recovery of a parcel of land on the east side of Knight street in the city of Providence. The cause came on to be heard by the court upon an agreed statement of facts, both parties having therein waived jury trial.
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Action of trespass and ejectment, for the recovery of a parcel of land on the east side of Knight street in the city of Providence. The cause came on to be heard by the court upon an agreed statement of facts, both parties having therein waived jury trial. The declaration was in the common form, and the plea the general issue, with liberty, by agreement in writing on •file, to the defendant to give in evidence all matters of defence as to- title by possession with the same effect as if the chapter of the Revised Statutes, “ Of Title by Possession;” had been specially pleaded. The facts agreed…
1Opinion of the CourtBxirfee, J.
This is an action of trespass and ejectment, in which the plaintiff and defendant both derive title, through intermediate grantees, from one George Weeden. In May, 1845, Weeden, having then no title, conveyed the land in dispute to the plaintiff’s predecessor, and afterwards, in November, 1845, acquired title to the same. In 1847, he conveyed to the predecessor of the defendant. The conveyances through which the plaintiff claims contain full covenants of title and warranty, and all the deeds on both sides were recorded in the order of their respective dates.
The plaintiff contends that the…
2Cases cited4 opinions
- Bank of Utica v. MersereauNew York Court of Chancery · 1848
- Mickles v. . TownsendNew York Court of Appeals · 1859
- Jarvis v. AikensSupreme Court of Vermont · 1853
- Dudley v. CadwellSupreme Court of Connecticut · 1848