Prince v. Case
Supreme Court of Connecticut
This was an action of trespass; tried at Hartford, September term, 1834, before Williams, J. In the spring of the year, 1817, and before, Dudley Case was the owner in fee of a farm of land in Canton, on a comer of which he then gave to one Prince, the father of the plaintiff, liberty to erect a _small dwelling-house for his use, and to dig a cellar for it.
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This was an action of trespass; tried at Hartford, September term, 1834, before Williams, J. In the spring of the year, 1817, and before, Dudley Case was the owner in fee of a farm of land in Canton, on a comer of which he then gave to one Prince, the father of the plaintiff, liberty to erect a _small dwelling-house for his use, and to dig a cellar for it. He accordingly, at his own expense, dug such cellar and put up a building on the land; in which he lived until 1828, when he died. Before his death, he gave to the defendant a deed of the house, with its appurtenances, bearing date the 13th…
1Opinion of the Court
Willi ams, Ch. J.
The questions reserved are, whether the plaintiff could recover any thing; and if so, whether damages should be assessed upon the principle that he had a right to have the house remain on the land, or only had a right to remove it.
The plaintiff claims, that by putting the house upon the land of Case, by his consent, Prince remained the owner of it, with a right to have it remain there. It has been decided in Massachusetts and Maine, that the house^pp^Dther building remains the property of him who placed it there, and is personal property in him. Wells v. Bannister, 4 Mass.…
2Cases cited3 opinions
- Cook v. StearnsMassachusetts Supreme Judicial Court · 1814
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