Foote v. Brown
Supreme Court of Connecticut
Action under § 4053 of the General Statutes to settle the title to real estate, brought to the Superior Court in New Haven County where a demurrer to the complaint was overruled (Ralph Wheeler, J.') and the cause was afterward tried to the court, Robinson, J.; facts found and judgment rendered for the plaintiff, and appeal by the defendants. The plaintiff, under the will of her husband who died in 1878, had a freehold estate in a small bit of land bounded by the sea.
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Action under § 4053 of the General Statutes to settle the title to real estate, brought to the Superior Court in New Haven County where a demurrer to the complaint was overruled (Ralph Wheeler, J.') and the cause was afterward tried to the court, Robinson, J.; facts found and judgment rendered for the plaintiff, and appeal by the defendants. The plaintiff, under the will of her husband who died in 1878, had a freehold estate in a small bit of land bounded by the sea. The defendants entered upon this land, occupied the same, built a boat-house thereon, and thereafter continued in occupation of…
1Opinion of the CourtHamersley, J.
Tlie disposition of this appeal depends upon the meaning and legal effect of § 4053 of the General Statutes ; this section contains unchanged the provisions of “ An Act concerning Civil Actions,” passed in 1893 (Public Acts of 1893, p. 237, Chap. 66). The terms and language of the Act are suggestive of doubt as to its meaning in some particulars, and in ascertaining its meaning, where thus doubtful, the Act should be read in view of the evil it was passed to remedy. What this evil was had been shortly before brought to public attention by certain opinions delivered by this court.
In 1890, one…
2Cases cited8 opinions
- Dawson v. Town of OrangeSupreme Court of Connecticut · 1905
- Miles v. StrongSupreme Court of Connecticut · 1896
- Cahill v. CahillSupreme Court of Connecticut · 1904
- Curtis, Receiver v. LewisSupreme Court of Connecticut · 1902
- Layton v. BaileySupreme Court of Connecticut · 1904
3 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Loewenberg v. WallaceSupreme Court of Connecticut · 1960
- Gager v. CarlsonSupreme Court of Connecticut · 1959
- DeVita v. EspositoConnecticut Appellate Court · 1987
- Foote v. BrownSupreme Court of Connecticut · 1908
- Lake Garda Improvement Assn. v. BattistoniSupreme Court of Connecticut · 1967
18 more not listed; retrieve them via the Exa API.