Legal Opinion

Berman v. Apter

Supreme Court of Connecticut

Decided June 10, 1920PublishedCited by 1 opinion

Suit to determine the title to real estate, brought to the Court of Common Pleas in Hartford County where a demurrer to the cross-complaint was sustained (Smith, J.), and the cause was afterward tried to the court, Markham, J.; facts found and judgment rendered for the plaintiff, and appeal by the defendant. Plaintiff asks for a judgment quieting his title to the described premises, and declaring that the defendant has no claim to or interest in the same.

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Suit to determine the title to real estate, brought to the Court of Common Pleas in Hartford County where a demurrer to the cross-complaint was sustained (Smith, J.), and the cause was afterward tried to the court, Markham, J.; facts found and judgment rendered for the plaintiff, and appeal by the defendant. Plaintiff asks for a judgment quieting his title to the described premises, and declaring that the defendant has no claim to or interest in the same. The complaint describes the defendant’s claim as arising out of a bond, for a deed, given to the defendant by a former owner of the…

1Opinion of the CourtBeach, J.

The motion to dismiss for want of jurisdiction was properly denied. On the face of the complaint it did not appear whether or not the matter in demand exceeded $1,000. The value of the premises was not alleged, and the nature of the defendant’s claim was stated, but not its extent. It was not necessary to do so, for the statute, § 5113, under which this action is brought, requires the defendant in his answer to state whether or not he claims any interest in the property, and if so, its nature and extent. This the defendant has done in his answer by reference to his cross-complaint, in which…

2Cited by1 opinion

  1. Manning v. StateSupreme Court of Connecticut · 1937

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