Johnson v. Olmsted
Supreme Court of Connecticut
Civil action, for sale of real estate held in common; brought to the Superior Court in Hartford County, and heard before Carpenter, J. The property was a piece of land on Main and Pearl streets in the city of Hartford, covered with buildings, and was owned by twelve persons, the petitioners owning one hundred and seventeen 144ths and the defendants twenty-seven 144ths.
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Civil action, for sale of real estate held in common; brought to the Superior Court in Hartford County, and heard before Carpenter, J. The property was a piece of land on Main and Pearl streets in the city of Hartford, covered with buildings, and was owned by twelve persons, the petitioners owning one hundred and seventeen 144ths and the defendants twenty-seven 144ths. The complaint alleged that partition was impracticable, and that the property could not conveniently be used by the owners together and a sale would better promote their interests. The defendants in their answer denied this and…
1Opinion of the CourtPardee, J.
No person can be compelled to remain the owner with another of real estate, not even if he become such by his own act; every owner is entitled to the fullest enjoyment of his property, and that can come only through an ownership free from dictation by others as to the manner in which it may be exercised. Therefore the law afforded to every owner with another relief by way of partition, and this regardless alike of the difficulties attending separation and the consequences to his associate. Rights to the use of running water, rights to dig ores, have been declared to be subject to this law.…
2Cases cited3 opinions
- Richardson v. MonsonSupreme Court of Connecticut · 1854
- Ford v. KirkSupreme Court of Connecticut · 1874
- Spencer v. WatermanSupreme Court of Connecticut · 1870
3Cited by35 opinions
- Delfino v. VealencisSupreme Court of Connecticut · 1980
- De Roulet v. MitchelCalifornia Court of Appeal · 1945
- Wilcox v. Willard Shopping Center AssociatesSupreme Court of Connecticut · 1988
- Penfield v. JarvisSupreme Court of Connecticut · 1978
- Fernandes v. RodriguezSupreme Court of Connecticut · 2000
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