Raymond v. Nash
Supreme Court of Connecticut
Suit for an injunction against the obstruction of a pass-way by the erection of a building encroaching upon it; brought to the Court of Common Pleas in Fairfield County, and heard before Hall, J. Facts found and injunction granted, and appeal by the defendant. The case is fully stated in the opinion.
1Opinion of the CourtLoomis, J.
This is a complaint for an injunction to prevent a threatened obstruction of a passway by the erection of a building on a portion of the same. All the facts essential to the granting of the injunction are contained in the finding of the court, and unless there was error in the legal *448construction of a deed it is conceded that the judgment for the plaintiff must stand.
Both parties derived title under the same original owner, one Joseph Mott, who in three several deeds to David H. Nash, under whom the defendant claims, established and defined the passway in question, which is twelve feet wide…
2Cases cited3 opinions
- Miller v. BeelerIllinois Supreme Court · 1860
- Sayers v. City of LyonsSupreme Court of Iowa · 1859
- Bates v. TymasonNew York Supreme Court · 1835
3Cited by8 opinions
- Koennicke v. MaioranoConnecticut Appellate Court · 1996
- Velsmid v. NelsonSupreme Court of Connecticut · 1978
- Frank Towers Corp. v. LavianaSupreme Court of Connecticut · 1953
- Pivak v. StateIndiana Supreme Court · 1931
- F. & AK, INC. v. SleeperSupreme Court of Connecticut · 1971
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