Warner v. Southworth
Supreme Court of Connecticut
This was an action of trespass quare clausum fregit ; tried, on the general issue, at Middletown, August term, 1826, before Lanman, J. In 1811, the plaintiff owned the lot described in his declaration, and the land adjoining thereto on the South, now owned by the defendant. The plaintiff threw up a bank, and sunk a ditch, across the land, for his own accommodation, and for a division between the North and South lots.
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This was an action of trespass quare clausum fregit ; tried, on the general issue, at Middletown, August term, 1826, before Lanman, J. In 1811, the plaintiff owned the lot described in his declaration, and the land adjoining thereto on the South, now owned by the defendant. The plaintiff threw up a bank, and sunk a ditch, across the land, for his own accommodation, and for a division between the North and South lots. The ditch he made about six feet wide, throwing the earth on the North side of it. Afterwards, in 1811, he sold the South lot to Edward A. Leet, bounding it North on the ditch ;…
1Opinion of the CourtDaggett, J.
Two objections are made to the charge. 1. That by the conveyance, the North line of the defendant was not the centre of the ditch. To this it is answered, that where a conveyance is made bounding on a river not navigable, the grantee owns to the centre of the river. Carter & al v. Murcot & al. 4 Burr. 2162. 2164. Adams v. Pease, 2 Conn. Rep. 481. Bissell v. Southworth, Root 269. 1 Swift's Dig. 109. Angell on Water-courses 213. There is no doubt, that had this been a river, such is the law; and if it be considered as a common fence, as I suppose it to be, the law is the same. Doubtless had the…
2Cases cited1 opinion
- Adams v. PeaseSupreme Court of Connecticut · 1818
3Cited by10 opinions
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- Paul v. CarverSupreme Court of Pennsylvania · 1856
- Berry v. SnyderCourt of Appeals of Kentucky · 1867
- Kendall v. GreenSupreme Court of New Hampshire · 1893
- Schwalm v. BeardsleySupreme Court of Virginia · 1907
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