Perry v. Pratt
Supreme Court of Connecticut
Bill in equity for the establishment of a lost and uncertain boundary, under the act of 1859, authorizing certain proceedings in equity in such cases.* The bill alleged that the petitioner was the owner of a certain tract of land, situated in the town of Westbrook, containing about sis acres, bounded easterly on land of the respondent, southerly on Long Island Sound, northerly on the petitioner’s land, and westerly on land of Amasa Spencer; and that the respondent was the…
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Bill in equity for the establishment of a lost and uncertain boundary, under the act of 1859, authorizing certain proceedings in equity in such cases.* The bill alleged that the petitioner was the owner of a certain tract of land, situated in the town of Westbrook, containing about sis acres, bounded easterly on land of the respondent, southerly on Long Island Sound, northerly on the petitioner’s land, and westerly on land of Amasa Spencer; and that the respondent was the owner of a certain other tract adjoining to that of the petitioner, containing about seven acres, bounded westerly on land…
1Opinion of the CourtButler, J.
We do not concur in the construction of the statute claimed upon the argument.
The statute in terms gives a general power to the superior court “ as a court of equity,” in case boundaries between two *440or more adjoining proprietors have been lost or become obscure or uncertain, and a “ petition in equity ” is brought, to order such lost or uncertain bounds to be erected and established. This grant of power is followed by a permissive authority to appoint a committee of freeholders for that purpose, and a form of oath to be taken by the committee, with a provision that they report “ the facts,”…
2Cases cited1 opinion
- Jackson ex dem. Suffern v. McConnellNew York Supreme Court · 1838
3Cited by8 opinions
- Fulton v. FrandoligTexas Supreme Court · 1885
- Mosman v. SanfordSupreme Court of Connecticut · 1884
- Nye v. HawkinsTexas Supreme Court · 1886
- Rathbun v. GeerSupreme Court of Connecticut · 1894
- School District No. 70 v. PriceOregon Supreme Court · 1892
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