Brown v. Wheeler
Supreme Court of Connecticut
This was an action of trespass guare clausum fregit, brought in March 1844, alleging the wrongful acts complained of, to have been committed by the defendant, between the 1st of June 1843, and that time.
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This was an action of trespass guare clausum fregit, brought in March 1844, alleging the wrongful acts complained of, to have been committed by the defendant, between the 1st of June 1843, and that time. The defendant pleaded the general issue; on which the cause was tried, at Norwich, March term 1845, before Slorrs, J. The plaintiff claimed title to the premises described in the declaration, as the widow of Thatcher Brown, by virtue of his last will, dated March 9th, 1815, which was adduced in evidence, having been duly proved and approved. By this instrument, the testator gave one third of…
1Opinion of the Court
Williams, Ch. J.
The objections to the evidence and to the charge, have not been argued separately by the counsel, *350and need not be separately considered by the court: for they really resolve themselves into one, that is, the efficacy oí the proceedings under the reference to York and others.
The parties both claim under the frill of Thatcher Brown ; the plaintiff directly, the defendant derivatively. Brown died in 1815. The plaintiff being in possession of the premises, must have a right to recover, unless the defendant can show a title. This he attempts to do, by showing he is tenant in…
2Cases cited2 opinions
- Welland Canal Co. v. HathawayNew York Supreme Court · 1832
- Munson v. MunsonU.S. Circuit Court for the District of Connecticut · 1808
3Cited by25 opinions
- Dickerson v. ColgroveSupreme Court of the United States · 1880
- Morgan v. Railroad Co.Supreme Court of the United States · 1878
- Baker v. HumphreySupreme Court of the United States · 1880
- Local 63, Textile Workers Union of America v. Cheney Bros.Supreme Court of Connecticut · 1954
- Garnhart v. FinneySupreme Court of Missouri · 1867
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