Legal Opinion

Bush v. Golden

Supreme Court of Connecticut

Decided June 15, 1846PublishedCited by 19 opinions

This was a bill in chancery, for an account, for the reservation of a right of way in certain estate held in common, and a sale of such estate and a division of the proceeds, subject to such reservation. The case, as found by the committee, was as follows. Justus L. Bush and Ephraim Golden, from the 15th of March 1830, until the death of the former, owned in fee-simple a certain mill, dam and pond of water, particularly described in the bill.

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This was a bill in chancery, for an account, for the reservation of a right of way in certain estate held in common, and a sale of such estate and a division of the proceeds, subject to such reservation. The case, as found by the committee, was as follows. Justus L. Bush and Ephraim Golden, from the 15th of March 1830, until the death of the former, owned in fee-simple a certain mill, dam and pond of water, particularly described in the bill. During this period, Bush owned a tract of land, called the Point, lying Easterly of the mill-pond, and extending Southerly to the waters of Long-Island…

1Opinion of the CourtWaite, J.

The plaintiff, in her bill, states, that her father Justus L. Bush, in his life-time, and Golden, one of the defendants, owned, as tenants in common, a certain mill, dam, and pond of water; that upon the death of her father, his share descended to her, as his only heir at law ; that Golden mortgaged his share to the other defendants, but has continued in possession, taking to himself the whole rents and profits. The bill, among other matters, prays for an account against Golden, a sale of the common property, and a division of the proceeds.

Thus far, no objection is made on the part of the…

2Cited by19 opinions

  1. Parker v. Fort Worth & Denver City Railway Co.Texas Supreme Court · 1892
  2. Beach v. OsborneSupreme Court of Connecticut · 1902
  3. Lengyel v. PeregrinSupreme Court of Connecticut · 1926
  4. First National Bank v. National Grain CorporationSupreme Court of Connecticut · 1925
  5. Lamberton v. Merchants' National BankSupreme Court of Minnesota · 1877

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