Linsley v. Hubbard
Supreme Court of Connecticut
Bill for an injunction against the sale of certain real estate under a resolution of the General Assembly; brought to the Superior Court in New Haven County.
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Bill for an injunction against the sale of certain real estate under a resolution of the General Assembly; brought to the Superior Court in New Haven County. The following facts were found by the court: Cliauncey Linsley died in the year 1862, owning in fee at the time of his death a certain farm containing about seventy acres of land with an old dwelling house and barn standing thereon, situated in North Branford in New Haven County, and of the value of about four thousand dollars. He left a will, the provisions of which important to the present case are stated in the resolution given below.…
1Opinion of the CourtPark, C. J.
The controversy in this case calls in question the constitutionality of the resolution passed by the General Assembly in the year 1875, authorizing the sale of the land in which the petitioners have a contingent interest, and the investment of the proceeds for the benefit of all parties concerned.
It is said by the petitioners that this resolution deprives them of their interest in the property against their will, and is therefore void, not only as opposed to natural justice, but ás in conflict with the provisions of the constitution of the state. It was held by this court in' the case of…
2Cases cited2 opinions
- Rice v. ParkmanMassachusetts Supreme Judicial Court · 1820
- Richardson v. MonsonSupreme Court of Connecticut · 1854
3Cited by5 opinions
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- Wheeler's Appeal from ProbateSupreme Court of Connecticut · 1877
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- Comstock v. GaySupreme Court of Connecticut · 1883
- Gedney v. Marlton Realty Co.New York Court of Appeals · 1932