Legal Opinion

Town of Middletown v. Sage

Supreme Court of Connecticut

Decided July 15, 1830PublishedCited by 7 opinions

This was an action of ejectment, for an island in Connecticut river. The cause was tried at Haddam, August term, 1829, before Bissell, J. The demanded premises consist of about thirty acres of land, situated in Connecticut river, at the distance of about twenty rods from the low-water mark on each side of the river.

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This was an action of ejectment, for an island in Connecticut river. The cause was tried at Haddam, August term, 1829, before Bissell, J. The demanded premises consist of about thirty acres of land, situated in Connecticut river, at the distance of about twenty rods from the low-water mark on each side of the river. At this place, the river is, and always has been, navigable, by vessels of large burthen; is subject to the ebbing and flowing of the tide; and is an arm of the sea. The island has been wholly formed upon the bed of the river, and has risen out of the water within the last…

1Opinion of the CourtBissell, J.

The demanded premises consist of an island formed upon the bed of Connecticut river, within the last thirty years. The plaintiffs claim to recover them, on the ground that they are the owners of the soil and bed of the river, at the place where the island has arisen. It is admitted, that the river is here navigable, and an arm of the sea ; and the controversy turns, entirely, upon a construction of the patent from the governor and company of the colony of Connecticut, to the proprietors of commonand undivided lands of the town of Middletown, dated the 11th day of March 1685-6; as the same is…

2Cases cited1 opinion

  1. Inhabitants of East-Haven v. HemingwaySupreme Court of Connecticut · 1828

3Cited by7 opinions

  1. Church v. MeekerSupreme Court of Connecticut · 1867
  2. Hart v. ChalkerSupreme Court of Connecticut · 1840
  3. Kellogg v. Union Co.Supreme Court of Connecticut · 1837
  4. Commonwealth v. City of RoxburyMassachusetts Supreme Judicial Court · 1857
  5. Hollister v. Union Co.Supreme Court of Connecticut · 1833

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