Tracy v. Norwich & Worcester Railroad
Supreme Court of Connecticut
Ejectment, to recover possession of a tract of land known as Tracy’s Island in the Biver Thames; brought to the Superior Court in New London County, and tried on the general issue closed to the court. The court found the following facts : Previously to the year 1818, in the middle of the Thames River, just below the junction of the Shetucket and Yantic rivers at Norwich, there were flats or middle ground, then covered with water about three feet at ordinary low tides.
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Ejectment, to recover possession of a tract of land known as Tracy’s Island in the Biver Thames; brought to the Superior Court in New London County, and tried on the general issue closed to the court. The court found the following facts : Previously to the year 1818, in the middle of the Thames River, just below the junction of the Shetucket and Yantic rivers at Norwich, there were flats or middle ground, then covered with water about three feet at ordinary low tides. East of these flats was a channel, and also one west of the same. The eastern channel was more narrow but deeper than the…
1Opinion of the CourtSeymoub, J.
The premises of which the plaintiff in her writ demands possession became an island in the river Thames in 1845, in that year emerging from the flats above ordinary high water mark.
The plaintiff’s father, Nathaniel Tracy, was a fisherman, and in 1818 he sunk an old scow filled with stones on the flats between channels of the river then navigable. He thus constructed a kind of pier by means of which and by the gradual accretion of sand an island was ultimately formed, which, as before stated, emerged from the flats about the year 1845. The plaintiff’s father died during this year 1845, having…
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- Tebow v. TellerColorado Court of Appeals · 1913
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