Town of Hamden v. Rice
Supreme Court of Connecticut
This was an action on the case, in the nature of waste, brought by the town of Hamden against Lemuel Eice, for cutting and carrying away trees from a certain tract of land lying in said town.
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This was an action on the case, in the nature of waste, brought by the town of Hamden against Lemuel Eice, for cutting and carrying away trees from a certain tract of land lying in said town. In their declaration, the plaintiffs alleged that they were the owners in fee of the reversionary estate and interest in said premises, which were the same that formerly belonged to Enos Brooks, deceased, and that Eoxana Brooks was, and now is, tenant thereof, having the use and improvement thereof only during her life. The defendant pleaded the general issue, and the cause came on for trial, at the term…
1Opinion of the CourtEllsworth, J.
It has been objected to the plaintiffs’ right to recover, that they have no title to the premises in question, because the property is given in perpetuity, and is inalienable. By our statute, respecting lands, Tit. 29, Ch. 1, § 3, p. 629, it is provided “ that lands, tenements, or other estates, that have been or shall be given, or granted, for the maintenance of the ministry &c., and for any other public and charitable use, shall forever remain to the uses to which they have been or shall be given or granted.” The gift, in this instance, is in these words; “ all the interest of said property…
2Cases cited1 opinion
- Gordon v. Appeal Tax CourtSupreme Court of the United States · 1845
3Cited by17 opinions
- Town of Winchester v. CoxSupreme Court of Connecticut · 1942
- Agate v. . LowenbeinNew York Court of Appeals · 1874
- Mitchell v. ReevesSupreme Court of Connecticut · 1938
- Adye v. SmithSupreme Court of Connecticut · 1876
- Eliot's Appeal From ProbateSupreme Court of Connecticut · 1902
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