Legal Opinion

Prince v. Case

Supreme Court of Connecticut

Decided June 15, 1835PublishedCited by 59 opinions

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

  1. Cook v. StearnsMassachusetts Supreme Judicial Court · 1814
  2. Wells v. BanisterMassachusetts Supreme Judicial Court · 1808
  3. Benedict v. BenedictSupreme Court of Connecticut · 1813

3Cited by59 opinions

  1. Walton v. Town of New HartfordSupreme Court of Connecticut · 1992
  2. Morrill v. Mackman.Michigan Supreme Court · 1872
  3. Maxwell v. Bay City Bridge Co.Michigan Supreme Court · 1879
  4. McClintic-Marshall Co. v. Ford Motor Co.Michigan Supreme Court · 1931
  5. Wynn v. GarlandSupreme Court of Arkansas · 1857

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