Botsford v. Wallace
Supreme Court of Connecticut
Suit to reform a deed and for an injunction, brought to the Superior Court in New Haven County and tried to the court, Rorabach, J., upon the plaintiffs demurrer to the answer of res judicata; the conrt overruled the demurrer, sustained the answer and rendered judgment for the defendant, and the plaintiff appealed for alleged errors in the rulings of the court.
Read the full summary
Suit to reform a deed and for an injunction, brought to the Superior Court in New Haven County and tried to the court, Rorabach, J., upon the plaintiffs demurrer to the answer of res judicata; the conrt overruled the demurrer, sustained the answer and rendered judgment for the defendant, and the plaintiff appealed for alleged errors in the rulings of the court. A demurrer having been sustained (Prentice, J.j to the original complaint, a substituted complaint was filed, stating this case: — The plaintiff was a grantee of land in Wallingford by deed from Lewis A. Young. Young’s title came from…
1Opinion of the CourtBaldwin, J.
In the former action between these parties (Botsford v. Wallace, 69 Conn. 263), the plaintiff asserted in his complaint a legal right to the passway in question by virtue of a paper title, under sundry conveyances from Lorenzo Lewis, Mary E. Lewis, and Lewis A. Young. The decision was that he had no such right. He also sought upon the trial to affect the construction of the deed of December 17th, 1883, from Mary E. Lewis to Lewis A. Young, by evidence of an oral agreement on her part to convey thereby a right to use the passway, notwithstanding anything that might be done in building on the…
2Cases cited6 opinions
- Craft Refrigerating MacHine Co. v. Quinnipiac Brewing Co.Supreme Court of Connecticut · 1893
- Enfield Toll Bridge Co. v. Hartford & New-Haven Rail-RoadSupreme Court of Connecticut · 1845
- Goodrich v. StantonSupreme Court of Connecticut · 1899
- Woodbridge v. Pratt & Whitney Co.Supreme Court of Connecticut · 1897
- Freeman Appeal from Doings of CommissionersSupreme Court of Connecticut · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Allis v. HallSupreme Court of Connecticut · 1904
- Baurer v. DevenisSupreme Court of Connecticut · 1923
- Dunnett v. ThorntonSupreme Court of Connecticut · 1900
- New York, New Haven & Hartford Railroad v. RussellSupreme Court of Connecticut · 1910
- Titan Sports, Inc. v. Turner Broadcasting Systems, Inc.District Court, D. Connecticut · 1997
2 more not listed; retrieve them via the Exa API.