Center Bridge Co. v. Wheeler & Howes Co.
Supreme Court of Connecticut
Action in the nature of ejectment, brought to and reserved by the Superior Court in Fairfield County, Holcomb, J., upon an agreed statement of facts, for the advice of this court. In 1847, and for a long time prior thereto, one Birdseye G. Noble was and had been the owner in possession of a considerable tract of land in Bridgeport, adjoining the harbor.
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Action in the nature of ejectment, brought to and reserved by the Superior Court in Fairfield County, Holcomb, J., upon an agreed statement of facts, for the advice of this court. In 1847, and for a long time prior thereto, one Birdseye G. Noble was and had been the owner in possession of a considerable tract of land in Bridgeport, adjoining the harbor. In that year he conveyed to the New York and New Haven Railroad Company, by warranty deed, a right of way four rods in width across this land from the harbor northerly “for the construction and use of said railroad.” This strip was occupied by…
1Opinion of the CourtPrentice, C. J.
This is an action of ejectment to recover possession of a strip of land which was for many years used by the railroad company now known as the New York, New Haven and Hartford Railroad Company as a part of its right of way. The plaintiff must recover, if it recovers at all, upon the strength of its own title shown, and not by reason of the weakness of the defendant’s title. Cahill v. Cahill, 75 Conn. 522, 524, 54 Atl. 201, 732; Moran v. Denison, 79 Conn. 325, 330, 65 Atl. 291.
Our advice is asked upon the ultimate question of the plaintiff’s right to recover upon the-facts found, and also in…
2Cases cited12 opinions
- Nolan v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1885
- New York, New Haven & Hartford Railroad v. LongSupreme Court of Connecticut · 1897
- Town of Chatham v. BrainerdSupreme Court of Connecticut · 1835
- Champlin v. PendletonSupreme Court of Connecticut · 1838
- Mill River Woolen Manufacturing Co. v. SmithSupreme Court of Connecticut · 1867
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3Cited by13 opinions
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- Roxana Petroleum Corp. v. JarvisSupreme Court of Kansas · 1929
- Parsons v. Town of WethersfieldSupreme Court of Connecticut · 1948
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