Legal Opinion

Foote v. Brown

Supreme Court of Connecticut

Decided August 5, 1908PublishedCited by 30 opinions

Action to recover the possession of a tract of land, and for damages, brought to the Superior Court in New Haven County and tried to the jury before George W. Wheeler, J.; verdict and judgment for the plaintiff, and appeal by the defendants. The land in controversy is a strip of non-arable land adjoining the seashore, known as Pipe Beach, containing about one acre.

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Action to recover the possession of a tract of land, and for damages, brought to the Superior Court in New Haven County and tried to the jury before George W. Wheeler, J.; verdict and judgment for the plaintiff, and appeal by the defendants. The land in controversy is a strip of non-arable land adjoining the seashore, known as Pipe Beach, containing about one acre. Its chief value arises from the large quantities of shells, seaweed and mud, which are cast thereon by the sea, and have, as is claimed, a market value and a substantial value for farm purposes. April 13th, 1849, George A. Foote,…

1Opinion of the CourtPrentice, J.

The reasons of appeal present in various forms certain questions as to the right of the plaintiff to maintain her action, even upon the assumption that the facts are as claimed by her. It is asserted, and was unsuccessfully asserted below, that her action must fail for want of a sufficient title, accompanied with the present right of possession, being shown in her: (1) because the will of her husband conferred upon her no such title as would enable her to maintain her action; (2) because whatever title the will may have set out to her, it never vested in her by reason of the incompleteness of…

2Cases cited13 opinions

  1. Dawson v. Town of OrangeSupreme Court of Connecticut · 1905
  2. Baxter v. CampSupreme Court of Connecticut · 1898
  3. Bush v. BradleySupreme Court of Connecticut · 1810
  4. Brewster v. McCall's deviseesSupreme Court of Connecticut · 1842
  5. Griswold v. BigelowSupreme Court of Connecticut · 1826

8 more not listed; retrieve them via the Exa API.

3Cited by30 opinions

  1. Novella v. Hartford Accident & Indemnity Co.Supreme Court of Connecticut · 1972
  2. State v. StoddardSupreme Court of Connecticut · 1940
  3. Loewenberg v. WallaceSupreme Court of Connecticut · 1960
  4. McKirdy v. CascioSupreme Court of Connecticut · 1955
  5. Lake Garda Improvement Assn. v. BattistoniSupreme Court of Connecticut · 1971

25 more not listed; retrieve them via the Exa API.

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