Smith v. Moodus Water Power Co.
Supreme Court of Connecticut
Action on the case, by tlie plaintiff as administrator of Jeremiah Smith, Junior, for injury caused by flowing certain lands in the possession of the plaintiff as such administrator, under Gen. Stat. 407, Sec. 25; brought to the Superior Court in Middlesex county, and tried to the jury upon the general issue with notice of a claim of right, before Granger J. On the first day of May, 1832, Jeremiah Smith, Junior, was sole owner in fee of part of the lands described in the…
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Action on the case, by tlie plaintiff as administrator of Jeremiah Smith, Junior, for injury caused by flowing certain lands in the possession of the plaintiff as such administrator, under Gen. Stat. 407, Sec. 25; brought to the Superior Court in Middlesex county, and tried to the jury upon the general issue with notice of a claim of right, before Granger J. On the first day of May, 1832, Jeremiah Smith, Junior, was sole owner in fee of part of the lands described in the declaration. On that day Jeremiah Smith, Senior, conveyed the remainder of the lands so described to Jeremiah Smith,…
1Opinion of the Court
Park J.
On the trial of this case in the court below the plaintiff contended that Jeremiah Smith Jr. leased only his interest in the land described, and that consequently the plaintiff as his administrator was not estopped from claiming the interest in the land which he subsequently acquired from Jeremiah Smith 3rd.
We think it is clear that the lease purports to convey the entire interest of the land described in it. The language is, “all the land we the said Jeremiah, Jeremiah Smith Jr. and Erastus Smith own adjoining the pond commonly called Bash-an Pond in said East Haddam, beginning at the…
2Cases cited4 opinions
- Stow v. WyseSupreme Court of Connecticut · 1828
- Frink v. BranchSupreme Court of Connecticut · 1844
- Hoyt v. DimonSupreme Court of Connecticut · 1813
- Coe v. TalcottSupreme Court of Connecticut · 1811
3Cited by4 opinions
- Shreve v. Copper Bell Mining Co.Montana Supreme Court · 1891
- Blanchard v. MaxsonSupreme Court of Connecticut · 1911
- Whittelsey v. PorterSupreme Court of Connecticut · 1909
- Kratochvil v. CoxSupreme Court of Connecticut · 1942