Dowd v. Ensign
Supreme Court of Connecticut
Suit to restrain the defendants from removing a division line stone wall, and also for damages, brought to the Court of Common Pleas in Hartford County and reserved by that court, Calhoun, J., upon a finding of facts, for the consideration and advice of this court. The finding is in substance as follows: In 1858, Col.
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Suit to restrain the defendants from removing a division line stone wall, and also for damages, brought to the Court of Common Pleas in Hartford County and reserved by that court, Calhoun, J., upon a finding of facts, for the consideration and advice of this court. The finding is in substance as follows: In 1858, Col. Samuel Colt of Hartford purchased a tract of land in East Hartford, which he owned until his death in 1862. It then passed to his widow, Elizabeth H. Colt, as his devisee. In 1892 she conveyed a.part of it to the defendants by a deed of warranty in ordinary form, which mentioned…
1Opinion of the Court
EeníT, J.
The finding of the trial court leaves indefinite and undecided the very matters on which the briefs and oral arguments of the respective parties depend.
On the part of the plaintiffs it is contended that the structure in question cannot be treated as an incumbrance existing by license of either party, because if this were so, it lay in the power of the licensor, at any time after the work was completed, to order its removal and to eject the owner of the *321wall as a trespasser. It is said, “ this evidently was not contemplated, from the very nature of the structure and the purposes it…
2Cases cited2 opinions
- Trowbridge v. TrueSupreme Court of Connecticut · 1884
- Brady v. BarnesSupreme Court of Connecticut · 1875