Simons v. French
Supreme Court of Connecticut
This was an action of ejectment, brought to recover possession of a piece of mud flats, adjacent to an arm of the sea and below high-water mark, on which the defendant had erected a shop and wharf.
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This was an action of ejectment, brought to recover possession of a piece of mud flats, adjacent to an arm of the sea and below high-water mark, on which the defendant had erected a shop and wharf. The case was tried on the plea of the general issue closed to the jury, at the term of the superior court, holden in the county of Fairfield, in October 1856. On the trial both parties claimed title to the demanded premises as incident to certain uplands belonging to them respectively. It appeared that the mud flats were a basin or cove setting into the land from the Pequonnoek river, near its…
1Opinion of the CourtStorrs, J.
From the best consideration which we have been able to give to this case, we are of opinion that the court below erred in instructing the jury, that the effect of the deed from Simons to Weed and others was to deprive said Simons of any right which he then had, to wharf out over the premises demanded. This is clearly so, unless the right to wharf out is inseparable from the upland, so that one can not be conveyed without the other. If we suppose that the demanded premises, instead of flats, were not of such a character as to be governed by any peculiar considerations applicable to flats,…
2Cases cited3 opinions
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- McNally v. Zoning CommissionSupreme Court of Connecticut · 1993
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