Whittelsey v. Porter
Supreme Court of Connecticut
Suit to secure the cancellation of certain deeds, alleged to be invalid, or, if they were of any validity, then to obtain a foreclosure of a mortgage held by the plaintiff, brought to and tried by the Superior Court in Hartford County, Curtis, J.; facts found and judgment rendered for the defendant, and appeal by the plaintiff.
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Suit to secure the cancellation of certain deeds, alleged to be invalid, or, if they were of any validity, then to obtain a foreclosure of a mortgage held by the plaintiff, brought to and tried by the Superior Court in Hartford County, Curtis, J.; facts found and judgment rendered for the defendant, and appeal by the plaintiff. On the 2d of January, 1900, Frank H. Whittelsey, the plaintiff's husband, was the owner of property in Windsor Locks consisting of a tract of land lying between the west bank of the Connecticut River and the canal of the Connecticut River Company, and buildings and…
1Opinion of the CourtHall, J.
Upon the facts above stated the plaintiff claims that the water-privilege described in the lease of July 2d, 1900, from the Connecticut River Company to Frank H. Whittelsey, became a right inseparably annexed as an appurtenance to the mill property; that as such an appurtenance it was conveyed by Whittelsey to Morley by the deed of the former of October 5th, 1905, and was reconveyed to Whittelsey by the mortgage back to him from Morley, of the same property on the same day; and that therefore neither Moore nor the defendant took anything by the attempted assignments of the water-privilege by…
2Cases cited12 opinions
- Chappell v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1892
- Green v. . CollinsNew York Court of Appeals · 1881
- Garrison v. RuddIllinois Supreme Court · 1858
- Cadwalader v. BaileySupreme Court of Rhode Island · 1891
- Brainard v. Town of ColchesterSupreme Court of Connecticut · 1863
7 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Murphy, Inc. v. Town of WestportSupreme Court of Connecticut · 1944
- Kelly v. IvlerSupreme Court of Connecticut · 1982
- Gager v. CarlsonSupreme Court of Connecticut · 1959
- Blanchard v. MaxsonSupreme Court of Connecticut · 1911
- Southern New England Ice Co. v. Town of West HartfordSupreme Court of Connecticut · 1932
15 more not listed; retrieve them via the Exa API.