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Smith v. Isaacs

Connecticut Superior Court

Decided January 15, 1790

Connecticut Superior Court · decided 1790-01-15

<p>Title to lands by a fifteen years’ possession, may be acquired, tinder certain circumstances, without being actually inclosed by a fence.</p>

Decided 1790-01-15

By the Court.

¶1The reason which the statute goes upon is, that, a fifteen years’ possession, taking all the profits, and holding all others out, and the owner, being under no incapacity, looking on, and making no claim or challenge, during that period, furnishes the strongest evidence, arising from the acts of both parties, that the right of property is in the possessor, and all persons are estopped from laying claim to it. Lands being inclosed within a fence, is evidence, though not the only evidence, of the possessor’s having appropriated it to himself in exclusion of all others; for this may be proved by other evidence, as the case may be circumstanced, and as the present case is.

¶2Judgment for the defendant.

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