The American Law Register Volume 13

The American Law Register Volume 13

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1865 edition. Excerpt: ...at all; but that wherever the trusts are subject to remedy by action at law, the Statute of Limitations will be applied in equity, the same as. at law: Kane vs. Blooolgoool, 7 Johns. Ch. Rep. 576; Murray vs-. Oostar, 20 Johns. Rep. 576. Should the question of adverse possession arise upon another trial, the inquiry would be whether the society under whom the tenant claims has disavowed a holding under the trust, or set up a. claim to the property adverse to the title of the town--and this with a distinct knowledge on the part of the town of such disavowal or claim--and, if so, whether there has been since that time an uninterrupted occupation by the society or its tenant of the land. Should it turn out, however, that the right originally vested in the town in its parochial character has passed to the incorporated society, this question of adverse possession will not be material; But it is contended that the case does not show that either the defendant or his lessors ever claimed a freehold, and that this possession must be regarded as subordinate to that of the town. Von. XIII.----26 But, it seems that the Congregational Society, so far back as 1824, assumed the control of the parsonage, repaired and leased it from time to time, down to the lease to defendant in 1853; called meetings of the society, claiming to own it, and with articles in the warning of such meetings, respecting the sale or other disposition of it, by the society; and we are not prepared to say there was not evidence from which the jury might have found an occupation under claim of title by the society. Nor do we understand it to be essential, that the possession to be adverse should be under a claim of an estate equal to a freehold, but it is enough, we think, if the...show more

Product details

  • Paperback | 354 pages
  • 189 x 246 x 19mm | 630g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 123676501X
  • 9781236765017