Westfield Cemetery Association v. Danielson
Supreme Court of Connecticut
Hartford Dist., Oct. T., 1892. Andrews, C. J., Carpenter; Seymour, Torrance and Prentice, Js. Suit to obtain authority to take certain lands of the defendant'for the enlargement of a cemetery; brought to the Superior Court in Windham County.
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Hartford Dist., Oct. T., 1892. Andrews, C. J., Carpenter; Seymour, Torrance and Prentice, Js. Suit to obtain authority to take certain lands of the defendant'for the enlargement of a cemetery; brought to the Superior Court in Windham County. The case was referred to a committee, who reported in favor of the plaintiff, and on a remonstrance against the acceptance of the report and a motion to dismiss the complaint, the court {Thayer, J.,~) overruled the remonstrance and the motion, and rendered judgment for the plaintiff. The defendant appealed.
1Opinion of the CourtTorrance, J.
This is a proceeding brought to enlarge the limits of a public cemetery under section 1871 of the General Statutes. That section, among .other things, provides that “ the owner of any cemetery who wishes to enlarge its limits by adding land the title to which he cannot otherwise acquire, may prefer a complaint for liberty to take the same.”
The court below found that before this proceeding was begun the plaintiff attempted in good faith to acquire by purchase from the defendant the land sought to be taken; that the parties were unable to agree upon a price for the land; that the defendant…
2Cases cited1 opinion
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