C. B. Alling Realty Co. v. Olderman
Supreme Court of Connecticut
Action to recover damages for, and for an injunction to restrain the commission of, continuing trespasses by the defendant upon land of the plaintiff, through the claimed use of a right of way, brought to and tried by the Court of Common Pleas in New Haven County, Simpson, Jfacts found and judgment rendered in favor of the defendant, and appeal by the plaintiff.
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Action to recover damages for, and for an injunction to restrain the commission of, continuing trespasses by the defendant upon land of the plaintiff, through the claimed use of a right of way, brought to and tried by the Court of Common Pleas in New Haven County, Simpson, Jfacts found and judgment rendered in favor of the defendant, and appeal by the plaintiff. On February 15th, 1869, and for sometime prior thereto, Amos H. Ailing and Charles B. Ailing were the owners of practically all of an undeveloped tract of land in Derby bounded north on Third Street, east on Elizabeth Street, south on…
1Opinion of the CourtPrentice, C. J.
The defendant owns two contiguous tracts in connection with which he claims the right to use the passway in question for purposes of access to and egress from his premises. One of these tracts came to him through the Beardsleys, who became its owners in 1881 and continued to own it, both or one of them, until 1910, when the title passed to the defendant. The conveyance of it to the Beardsleys was made when the surrounding property was in an undeveloped state, and before the passway was in existence. The .deeds to them and to their predecessors in title contained no grant of a right of way…
2Cases cited12 opinions
- School District No. 8 v. LynchSupreme Court of Connecticut · 1866
- Clark v. GilbertSupreme Court of Connecticut · 1872
- Blanchard v. MaxsonSupreme Court of Connecticut · 1911
- South School District v. BlakesleeSupreme Court of Connecticut · 1839
- Sweeney v. Landers, Frary & ClarkSupreme Court of Connecticut · 1908
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3Cited by25 opinions
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- Schroeder v. TaylorSupreme Court of Connecticut · 1926
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