Marshall v. Niles
Supreme Court of Connecticut
Tuts was an action of ejectment for a small piece of land, being the site of a building occupied for a carding machine, on the South side of Farmington river, in the parish of Poquonnock in Windsor. The cause came on for trial, on the general issue, at an adjourned term in Hartford, in May 1831, before Daggett, J., when a case, embracing the following facts, was agreed to, by the parties, and reserved for the advice of this Court, as to what judgment ought to be rendered.
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Tuts was an action of ejectment for a small piece of land, being the site of a building occupied for a carding machine, on the South side of Farmington river, in the parish of Poquonnock in Windsor. The cause came on for trial, on the general issue, at an adjourned term in Hartford, in May 1831, before Daggett, J., when a case, embracing the following facts, was agreed to, by the parties, and reserved for the advice of this Court, as to what judgment ought to be rendered. The plaintiffs claim the premises, by a deed, dated the 26th of July 1816, from Timothy Soper, William Soper and Seth…
1Opinion of the CourtPeters, J.
This case presents two questions: 1. Was the land demanded conveyed to Marshall and Latham, by the deed of the Sopers? 2. Or was it included in the reservation to William Soper?
The grant was of a grist-mill and the bank whereon it stood, with the appurtenances thereof, on the South side of the river. West of and adjoining to the bridge, which crosseth the river. The grant is of land and buildings. The reservation is of a building only. By a grant of land, the superstructure passes. By a grant of the superstructure, that only passes. 2 Bla. Comm. 18. The defendants admit, that by the term…
2Cited by5 opinions
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