Exley v. Gallivan
Supreme Court of Connecticut
Action to recover damages for breach of covenants against encumbrances and of warranty, brought to and tried by the Court of Common Pleas in New London County, Waller, J.; facts found and judgment rendered for the defendant, and appeal by the plaintiff.
1Opinion of the CourtBeach, J.
The premises in question, fronting easterly on Thames Street in the city of Norwich, were conveyed by the defendant to the plaintiff in 1917 by warranty deed containing a covenant that the same were free from all encumbrances whatever. About one year afterward the plaintiff discovered the existence of an underground sewer pipe, running from the rear to the front of the premises and connected with the public sewer in Thames Street, through which the owners of four tenement houses, located westerly of the land conveyed, claimed the right by prescription to dispose of their sewage and roof…
2Cases cited3 opinions
- School District No. 8 v. LynchSupreme Court of Connecticut · 1866
- Alderman v. City of New HavenSupreme Court of Connecticut · 1908
- New York, New Haven & Hartford Railroad v. RussellSupreme Court of Connecticut · 1910
3Cited by11 opinions
- Klein v. DeRosaSupreme Court of Connecticut · 1951
- Aksomitas v. South End Realty Co.Supreme Court of Connecticut · 1949
- Southern New England Ice Co. v. Town of West HartfordSupreme Court of Connecticut · 1932
- Ricci v. NaplesSupreme Court of Connecticut · 1928
- Alderman v. Town of West HavenSupreme Court of Connecticut · 1938
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