Rathbun v. Geer
Supreme Court of Connecticut
Action in the nature of trespass quare dausum fr&git, brought to the Court of Common Pleas for New London County, and tried to the jury before Crump, J. ; yerdict and. judgment for the defendant and appeal by the plaintiffs for alleged errors of the court in charging the jury. The locus in quo was a meadow which had formerly been the southerly part of the bed of a mill-pond, the dam of which had gone to decay.
Read the full summary
Action in the nature of trespass quare dausum fr&git, brought to the Court of Common Pleas for New London County, and tried to the jury before Crump, J. ; yerdict and. judgment for the defendant and appeal by the plaintiffs for alleged errors of the court in charging the jury. The locus in quo was a meadow which had formerly been the southerly part of the bed of a mill-pond, the dam of which had gone to decay. The land was still occasionally flowed, and the ruins of the dam remained. This pond and all the surrounding land belonged, in 1831, to an estate, in the distribution of which there was…
1Opinion of the CourtBaldwin, J.
The return of' distribution, under which both parties claim title, must be so construed, if possible, as to give effect to every part, and make them all consistent with each other.
The southerly boundary of the tract set to Zebadiah Com-stock was described as a straight line running from west to east, S. 86° E., for 150 rods, from one fixed monument to another; and the northerly boundary of the adjoining tract set to Bethiah Baker’s heirs was described as a straight line running westerly from the latter of these monuments to the former, S. 86° W., 150 rods. The words, however, added to the…
2Cases cited1 opinion
- Perry v. PrattSupreme Court of Connecticut · 1863
3Cited by2 opinions
- Lowndes v. WicksSupreme Court of Connecticut · 1897
- Methane Awareness v. USACourt of Appeals for the Fifth Circuit · 1999