Inhabitants of East-Haven v. Hemingway
Supreme Court of Connecticut
This was an action of ejectment; tried at New-Haven. January term, 1827, before Brainard. J. The demanded premises were the soil, with the wharf and store standingthereon, built between high and low water mark, on the East side of Dragon river. This river is an arm of the sea, where the tide ebbs and flows, and is navigable, adjoining the premises, for large vessels.
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This was an action of ejectment; tried at New-Haven. January term, 1827, before Brainard. J. The demanded premises were the soil, with the wharf and store standingthereon, built between high and low water mark, on the East side of Dragon river. This river is an arm of the sea, where the tide ebbs and flows, and is navigable, adjoining the premises, for large vessels. The title claimed by the plaintiffs, was derived, 1. from the charter of Charles II. to the colony of Connecticut, in 1662 ; 2. from the patent, given by the colony, to the proprietors of New-Haven, in 1685 ; 3. from the act of…
1Opinion of the Court
Hosmer, Ch. J.
The controversy between the parties in this case, regards only the title of the land demanded.
*198The plaintiffs claim title under the charter of Charles II. in JQ02, f0 the colony of Connecticut; by a patent from the colo-ony, in 1685, to the town of New-Haven : and by a grant from the proprietors of this town.
There is no doubt concerning the competency of Charles II. to convey the land in question to the colony of Connecticut. A river, where the tide ebbs and flows, is an arm of the sea ; and the shore is that space of ground, which is between ordinary high water and low water…
2Cases cited1 opinion
- Robert v. LockwoodSupreme Court of Connecticut · 1811
3Cited by43 opinions
- Potomac Steamboat Co. v. Upper Potomac Steamboat Co.Supreme Court of the United States · 1884
- Baltimore & Ohio Railroad v. ChaseCourt of Appeals of Maryland · 1875
- Orchard v. Wright-Dalton-Bell-Anchor Store Co.Supreme Court of Missouri · 1910
- Turner v. City of MobileSupreme Court of Alabama · 1902
- Port Clinton Associates v. Board of SelectmenSupreme Court of Connecticut · 1991
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