Wooster v. Butler
Supreme Court of Connecticut
•This was an action of ejectment for a small piece of land in the town of Lyme, described in the declaration as being bounded “ Southerly by the turnpike road.”
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•This was an action of ejectment for a small piece of land in the town of Lyme, described in the declaration as being bounded “ Southerly by the turnpike road.” The cause was tried at New-London, January adjourned term, 1839, before Church, J. Both parties claimed title under a grant or survey from the town of Lyme to Richard Ely, dated January 26th, 1676, in these words: “ Mr. Richard Ely, senior, his meadow on the East side of the Great River, belonging to Six-mile Island farm, is bounded South and West by the Great River ; East, by the Cove ; and North, by the upland.” “ Mr. Ely hath also…
1Opinion of the CourtChurch, J.
In the progress of the trial of this cause in the court below, several questions collateral to the main point of controversy, were presented and determined, and which now furnish some of the grounds of exception here.
*3151. The defendant claimed, that the demanded premises were a part of an ancient travelled highway running along-the meadow land, at the base of the rocks, towards the ferry on Connecticut river, called Ely’s ferry; and that this highway was the same intended to be reserved in the original grant from the town of Lyme, to Richard Ely, January 26, 1676. And for the purpose of proving…
2Cases cited4 opinions
- Peck v. SmithSupreme Court of Connecticut · 1814
- Watrous v. SouthworthSupreme Court of Connecticut · 1824
- Fowler v. SavageSupreme Court of Connecticut · 1819
- Buel v. ClarkConnecticut Superior Court · 1771
3Cited by16 opinions
- Montauk Corp. v. SeedsCourt of Appeals of Maryland · 1958
- Durand v. HeneyWashington Supreme Court · 1903
- Turgeon v. WoodwardSupreme Court of Connecticut · 1910
- Piper v. VoorheesSupreme Judicial Court of Maine · 1931
- Carstens v. EarlesWashington Supreme Court · 1901
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