Stiles v. Curtis
Supreme Court of Connecticut
MOTION for a new trial. This was an action of ejectment, J On the trial it appeared, that the demanded premises originally belonged tb the ancient township of Wood-bury, as common and undivided land; and were part of a tier of land which had been, about one hundred years ago, appropriated by the proprietors for a public highway, by laying out the common land adjoining on both sides thereto, and selling the same as being bounded on the highway.
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MOTION for a new trial. This was an action of ejectment, J On the trial it appeared, that the demanded premises originally belonged tb the ancient township of Wood-bury, as common and undivided land; and were part of a tier of land which had been, about one hundred years ago, appropriated by the proprietors for a public highway, by laying out the common land adjoining on both sides thereto, and selling the same as being bounded on the highway. This tier of land had been used as a public highway for about one hundred years, but was not needed for that purpose any longer. The defendant owns the…
1Opinion of the CourtJ. C. Smith, J.
The declaration is in common form; containing the usual allegations of seisin and possession in the plaintiffs, and an ouster by the defendant. It appears, however, in evidence, that the demanded premises are part of an oflen, public highway, long used and occupied as such; that it was dedicated to that use by the original proprietors of the ancient town of Woodbury, *330i( by laying out the common land on both sides, and sell» ing the same as bounded on highway;” and that the defendant has enclosed a portion of it néxt to his own farm.
T wo questions arise :
First, admitting the plaintiffs are…
2Cited by16 opinions
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- In re RobbinsSupreme Court of Minnesota · 1885
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