City of New Haven v. Hotchkiss
Supreme Court of Connecticut
Action to determine the rights of the parties in and to certain land used by the city of New Haven as part of one of its public parks, brought to and tried by the Superior Court in New Haven County, Case, J.; facts found and judgment rendered for the defendant, and appeal by the plaintiff. The following facts were found : The tract of land in question, containing about eleven and one-half acres, is situated in New Haven and forms a part of West Rock Park.
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Action to determine the rights of the parties in and to certain land used by the city of New Haven as part of one of its public parks, brought to and tried by the Superior Court in New Haven County, Case, J.; facts found and judgment rendered for the defendant, and appeal by the plaintiff. The following facts were found : The tract of land in question, containing about eleven and one-half acres, is situated in New Haven and forms a part of West Rock Park. Before it was conveyed to the town of New Haven in 1891 it was owned by William W. Hotchkiss and David D. Lambert, as tenants in common.…
1Opinion of the CourtHall, J.
The purpose of this action is to ascertain whether the defendant has a right to enter upon certain land now forming a part of West Hock Park in the city of New Haven, and to work a mine thereon by taking from it earth and minerals to be used in the manufacture of paint. The existence and character of such claimed right must be determined by the language of the Hotchkiss deed, read in the light of the circumstances stated in the finding, and by the acts of the parties in acquiring and maintaining the rights and interests provided or granted by said deed.
From the fact that the town was given…
2Cases cited4 opinions
- Randall v. LathamSupreme Court of Connecticut · 1869
- Knowlton v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1899
- Quinebaug Reservoir Co. v. Town of UnionSupreme Court of Connecticut · 1900
- Sanford's Appeal From Board of ReliefSupreme Court of Connecticut · 1903
3Cited by10 opinions
- Jo-Mark Sand & Gravel Co. v. PantanellaSupreme Court of Connecticut · 1953
- DeLuca v. C. W. Blakeslee & Sons, Inc.Supreme Court of Connecticut · 1978
- Kelly v. IvlerSupreme Court of Connecticut · 1982
- In Re SpanoUnited States Bankruptcy Court, D. Connecticut · 1993
- Miller v. StateSupreme Court of Connecticut · 1936
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