Case Details
- Judge(s)
- Baldwin, Brainerd, Construction, Curtesy, Edmond, Limitations, Mitchell, Reeve, Same, Smith, Statute, Swift, Tenancy, Trumbull, Were
- Status
- Published
- Procedural Posture
- Motion for new trial; jury direction on curtesy rights issue
Related Laws
No specific laws identified for this ruling.
Outcome
Motion for new trial in ejectment action concerning land inheritance in New Haven; case involves complex property descent through multiple generations and question of curtesy rights.
Excerpt
<p>MOTION for a new trial.</p> <p>This was an action of ejectment for a lot of land in city of New-Iiaven. The suit was commenced on _ the 9th of November, 1808.</p> <p>The defend^1 pleaded the general issue; and on the trial, the case appeared to be as follows: Josiah Wood-house died seised of the premises m 1766; and on his death, the same descended to his only son Robert, who centered thereon, and died seised thereof in 1775; and on his death the same descended to Mary Woodhouse, his «nly child, who was born in December, 1774, and who intermarried with James Goldear in 1794, before she arrived at the age of twenty-one years. She remained a feme covert until her death, which happened in November, 1807, leaving her husband, James Goldear, living, and having had children by him, born alive, who died before their mother, and who could have inherited the premises, if they had been alive at the time of her decease. Goldear had never been in actual possession of the premises; but the defendant, more than twenty years before the commencement of this action, having purchased the premises for a valuable consideration, went immediately into possession of the same, and from that time down to the time of trial, held the same adversely to all others. Mary had never been in possession since her intermarriage with Goldear. Josiah Woodhouse left at his death no brother, nor any issue of a brother; and he never had but one sister, Elizabeth, who died before the commencement of this suit, leaving the plaintiffs her only heirs at law. It also appeared that there were nine other persons living in equal degree of kindred to Mary Goldear with the plaintiffs. On these facts the plaintiff's claimed that they were entitled to recover. The defendant objected to a recovery, on the ground that Goldear being now living was tenant by the curtesy of the premises, though neither he nor his wife had ever been in actual possession during the coverture. And the court directed the jury, on that grou
What This Ruling Means
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Similar Rulings
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