Nichols v. Turney
Supreme Court of Connecticut
This was an action of trespass qu. cl.fr. The locus in quo was thus described in the declaration: “ A certain piece or tract of land in Trumbull, at a place called Shag, in quantity 7 acres, 1 rood and 29 rods, bounded North, by George L. Sherman in part, in part by the Picket tract, so called, in part by the plaintiff’s own land, and in part by Elias Y. Hawley's and William Curtiss’ land ; East, by land of John - Olmsted; South, by John Olmsted and Benjamin Bennett; and…
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This was an action of trespass qu. cl.fr. The locus in quo was thus described in the declaration: “ A certain piece or tract of land in Trumbull, at a place called Shag, in quantity 7 acres, 1 rood and 29 rods, bounded North, by George L. Sherman in part, in part by the Picket tract, so called, in part by the plaintiff’s own land, and in part by Elias Y. Hawley's and William Curtiss’ land ; East, by land of John - Olmsted; South, by John Olmsted and Benjamin Bennett; and West, by a due North and South line of the Nichols tract, (so called.)” The cause was tried at Fairfield, February term,…
1Opinion of the Court
Williams, Ch. J.
The first inquiry will be upon the plaintiff’s motion, whether the quantity mentioned in the deed to Read and Henry Turney shall controul. The rule on this subject is well settled ; that as known and fixed monuments will controul courses and distances, so the certainty, of metes and bounds will include the lands within them, though the quantity vary from that expressed in the deed, Belden v. Seymour, 8 Conn. Rep. 25. Greenl. Ev. 350. Where the whole deed shows, that it was clearly the intent to give only a definite quantity, it might be otherwise. Is there shown such an intent…
2Cases cited3 opinions
- Hewlett v. D. & S. CockNew York Supreme Court · 1831
- Belden v. SeymourSupreme Court of Connecticut · 1830
- Picket v. AllenSupreme Court of Connecticut · 1834
3Cited by13 opinions
- Vogel v. SylvesterSupreme Court of Connecticut · 1961
- Koennicke v. MaioranoConnecticut Appellate Court · 1996
- Snider v. RobinettWest Virginia Supreme Court · 1916
- Moran v. LezotteMichigan Supreme Court · 1884
- Co-Operative Building Bank v. HawkinsSupreme Court of Rhode Island · 1909
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