Collins Manufacturing Co. v. Marcy
Supreme Court of Connecticut
This was an action of disseisin, brought to recover possession of a certain parcel of land, situated in Collinsville, in the town of Canton. The cause was tried at Hartford, before the superior court, at the October term, 1855. Upon the trial, the plaintiffs claimed to recover upon the ground of an alledged violation of the condition of their deed bearing date December 6, 1844, conveying the demanded premises to Emerson Moody, from whom the defendant derived title.
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This was an action of disseisin, brought to recover possession of a certain parcel of land, situated in Collinsville, in the town of Canton. The cause was tried at Hartford, before the superior court, at the October term, 1855. Upon the trial, the plaintiffs claimed to recover upon the ground of an alledged violation of the condition of their deed bearing date December 6, 1844, conveying the demanded premises to Emerson Moody, from whom the defendant derived title. The condition was as follows: “ Provided'always, and ■this deed is upon condition, that in case any ardent spirits, cordials or…
1Opinion of the CourtWaite, C. J.
We see nothing erroneous in the ruling of the court below, or in the charge to the jury.
The evidence offered by the defendant, for the purpose of showing the degree of care and diligence exercised by him, in preventing the sale of intoxicating liquors upon the demanded premises, was clearly admissible and proper for the consideration of the jury. The fact that he communicated to Barber when giving him a lease, the condition annexed to his title, and required of him an agreement, that he would do nothing that would injure that title, went to show the precaution which he took to prevent a…
2Cited by10 opinions
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- Cowell v. Colorado Springs Co.Supreme Court of Colorado · 1876
- Smith v. BarrieMichigan Supreme Court · 1885
- Sioux City & St. Paul Railroad v. SingerSupreme Court of Minnesota · 1892
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