Francis Gowdy Distilling Co. v. Grant
Supreme Court of Connecticut
Action for an injunction to restrain the defendant from obstructing the plaintiff in the free use of a pass-way, brought to the Superior Court in Hartford County, and tried to the court, Shumway, J.; facts found and judgment rendered for the defendant and appeal by the plaintiff for alleged errors of the court.
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Action for an injunction to restrain the defendant from obstructing the plaintiff in the free use of a pass-way, brought to the Superior Court in Hartford County, and tried to the court, Shumway, J.; facts found and judgment rendered for the defendant and appeal by the plaintiff for alleged errors of the court. On January 6th, 1893, Francis Gowdy gave a written license to the plaintiff to use a pass-way across his farm to its distillery, for ten years, in consideration of a certain payment to be made annually, but with a provision that if he or his heirs should at any time sell or dispose of…
1Opinion of the CourtBaldwin, J.
The plaintiff’s right to use the pass-way in question rested upon a mere license, not executed or acknowledged in the manner required for conveyance of land. By its express terms it was to cease and determine if Gowdy should sell or dispose of the' farm. The answer alleges that he did dispose of it by conveying it to William C. Messinger, who on the same day conveyed it to Helen J. Gowdy, who now owns it; and the issue, upon a traverse of these averments, was found for the defendant by the Superior Court.
The plaintiff claims that it is apparent that the deed to Messinger was given merely as a…
2Cases cited2 opinions
- Belden v. SeymourSupreme Court of Connecticut · 1831
- Elston v. . SchillingNew York Court of Appeals · 1870
3Cited by1 opinion
- State ex rel. Lemonnier v. BeardSupreme Court of Louisiana · 1882