Legal Opinion

Gear v. Barnum

Supreme Court of Connecticut

Decided August 15, 1870PublishedCited by 8 opinions

Petition for an injunction against the cutting down of a tree by the respondent on land claimed by the petitioner; brought to the Superior Court, and tried before Minor, J. The court found the facts and granted a perpetual injunction, and the respondent brought the record before this court by a motion in error. The case is fully stated in the opinion.

1Opinion of the CourtCarpenter, J.

The petitioner is the owner of a piece of land, described in the deed of conveyance to him as follows: “Also the store building and the land it stands on, called the Woodville store, now occupied by Messrs. Wadhams & Bee-man, situated southerly a few rods from the aforesaid conveyed pieces ; also the right to use and occupy so much of the land northerly of said store building as lies between said store and the elm tree standing and growing north of said store, on a line parallel with the east side of said store, and from such easterly line west to the highway, so that the said Gear may build…

2Cases cited1 opinion

  1. Town of Chatham v. BrainerdSupreme Court of Connecticut · 1835

3Cited by8 opinions

  1. Norcross v. GriffithsWisconsin Supreme Court · 1886
  2. Ferrigno v. OdellSupreme Court of Connecticut · 1931
  3. Durbin v. Roanoke Building Co.Supreme Court of Virginia · 1908
  4. Hooper v. FarnsworthMassachusetts Supreme Judicial Court · 1880
  5. Grant v. MoonSupreme Court of Missouri · 1895

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