Legg v. Horn
Supreme Court of Connecticut
Petition for an injunction against interference by the respondent with the right of the petitioners to the use of water from a spring; brought to the Superior Court in Tolland County. The following facts were found by the court: On 3d day of January, 1860, and for some time before, the Hockanum Company owned a tract of land in the town of Yernon, on which was a spring of water. North of this land and adjoining it Andrew.
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Petition for an injunction against interference by the respondent with the right of the petitioners to the use of water from a spring; brought to the Superior Court in Tolland County. The following facts were found by the court: On 3d day of January, 1860, and for some time before, the Hockanum Company owned a tract of land in the town of Yernon, on which was a spring of water. North of this land and adjoining it Andrew. J. Colburn owned a tract of land on which were two dwelling-houses about nine rods apart, and nearly opposite each other on an east and west line; the east one of which…
1Opinion of the Court
'Carpenter, J.
The respondent claims that the agreement of Colburn with the petitioners was simply a license, revokable at pleasure. We think it was more than a license; it was an agreement for a purchase. A valuable consideration was paid for it. It was a part of the sale of the real estate. The agreement in every respect, except the conveyance of the legal title, was carried into effect. Upon the faith of it the dwelling-house was purchased, and the petitioners expended their money in laying the pipes and fitting the house for the use of the water. We think the petitioners thereby acquired…
2Cases cited7 opinions
- School District No. 8 v. LynchSupreme Court of Connecticut · 1866
- Clark v. GilbertSupreme Court of Connecticut · 1872
- City of Hartford v. ChipmanSupreme Court of Connecticut · 1852
- Comins v. CominsSupreme Court of Connecticut · 1851
- Catlin v. DeckerSupreme Court of Connecticut · 1871
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3Cited by9 opinions
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