Roberti v. Atwater
Supreme Court of Connecticut
Ejectment by husband and wife to recover possession of a piece of land claimed to belong to the wife; brought to the Court of Common Pleas of New Haven County, and tried to the jury on the general issue before Robinson, J. Both parties claimed under the following distribution of the estate of Joseph Ball, made on the 5th day of Eebruary, 1873, Mrs. Eoberti as an heir, and the defendant as grantee of Josiah I. M. Beach, another heir.
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Ejectment by husband and wife to recover possession of a piece of land claimed to belong to the wife; brought to the Court of Common Pleas of New Haven County, and tried to the jury on the general issue before Robinson, J. Both parties claimed under the following distribution of the estate of Joseph Ball, made on the 5th day of Eebruary, 1873, Mrs. Eoberti as an heir, and the defendant as grantee of Josiah I. M. Beach, another heir. “To Sarah B. Ball, widow of the deceased, as dower, the following described real estate: An undivided fifty-five one hundred and twentieths of the dwelling house…
1Opinion of the CourtLoomis, J.
Both parties» claim title to the locus-in quo by virtue of the same instrument, namely, the return of the distribution of the estate of Joseph Ball deceased.
The plaintiffs claim, in behalf of Mrs. Boberti, as an heir at law of the deceased, that the land in dispute was set to her, while the defendant claims that it was set to his grantor, Josiah I. M. Beach, another heir at law of the deceased. The controversy arises from the fact that the distribution gives conflicting descriptions-of the land distributed. It is minutely described as abutting on the land of the adjoining proprietors, and at…
2Cases cited3 opinions
- Belden v. SeymourSupreme Court of Connecticut · 1830
- Morse v. RogersMassachusetts Supreme Judicial Court · 1875
- Roberti v. AtwaterSupreme Court of Connecticut · 1875
3Cited by7 opinions
- Koennicke v. MaioranoConnecticut Appellate Court · 1996
- Co-Operative Building Bank v. HawkinsSupreme Court of Rhode Island · 1909
- Tierney v. Second Ecclesiastical SocietySupreme Court of Connecticut · 1925
- Pinney v. Borough of WinstedSupreme Court of Connecticut · 1907
- Pendleton v. MacDonald, Highway CommissionerConnecticut Superior Court · 1938
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