Fowler v. Savage
Supreme Court of Connecticut
THIS was an action of trespass quare clausum fregit, complaining of injuries to a lot of land in Middletown, belonging to the plaintiff, and in his peaceable possession.
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THIS was an action of trespass quare clausum fregit, complaining of injuries to a lot of land in Middletown, belonging to the plaintiff, and in his peaceable possession. The defendants justified, on the ground that there was a public highway over the locus in quo, for all the inhabitants of the town of Middletown, and of the state, to pass and repass ; and that the defendants, by the direction of the select men of Middletown, and by order of the surveyor of highways of that town, did the acts complained of, for the purpose of repairing the road. The cause was tried in Middlesex county,…
1Opinion of the CourtChapman, J.
The defendants admit, that the acts complained of, by the plaintiff, were done by them ; and justify, on the ground, that there was a public highway over the locus in quo. The question, then, is, whether the evidence offered by the defendants, was admissible to prove the existence of such highway.
1. Was the survey, or laying-out, of the committee of the •town in 1762, offered and admitted in evidence, admissible 2
It was inadmissible on two grounds :
First, it was not accompanied with any evidence, that any •-such committee was ever appointed. An execution is not admissible, without being…
2Cases cited5 opinions
- Skagit Railway & Lumber Co. v. ColeWashington Supreme Court · 1891
- White v. CrawfordMassachusetts Supreme Judicial Court · 1813
- Town of Canaan v. Greenwoods Turnpike Co.Supreme Court of Connecticut · 1814
- Church v. LeavenworthSupreme Court of Connecticut · 1810
- Pitts v. TempleMassachusetts Supreme Judicial Court · 1807
3Cited by7 opinions
- Foote v. BrownSupreme Court of Connecticut · 1908
- Wooster v. ButlerSupreme Court of Connecticut · 1839
- Montanaro v. Aspetuck Land Trust, Inc.Connecticut Appellate Court · 2012
- McPherson v. JuliusSouth Dakota Supreme Court · 1903
- Monks v. HurleyDistrict Court, D. Massachusetts · 1942
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