Spencer v. Merwin
Supreme Court of Connecticut
Suit to settle and determine the title to real estate and to obtain the annulment or cancellation of a lease, brought to the Superior Court in New Haven County where a demurrer to the complaint was overruled, Oase, J., and the cause was afterward tried to the court, George W. Wheeler, J.; facts found and judgment rendered for the plaintiff, and appeal by the defendant.
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Suit to settle and determine the title to real estate and to obtain the annulment or cancellation of a lease, brought to the Superior Court in New Haven County where a demurrer to the complaint was overruled, Oase, J., and the cause was afterward tried to the court, George W. Wheeler, J.; facts found and judgment rendered for the plaintiff, and appeal by the defendant. The material facts appearing in the record and affecting the validity of the judgment appealed from, are as follows: The piece of bind described in the complaint is in the town of Milford, is about 200 feet square, lies between…
1Opinion of the CourtHamersley, J.
A plaintiff may lawfully allege in liis complaint, under § 4053 of the General Statutes, facts pertinent to the transaction out of which his claim for equitable relief may have arisen, and which support a claim for such incidental orders as may be proper to render the equitable relief sought full and complete. This is, in substance, what the plaintiff has done in the complaint demurred to. Section 4053 authorizes this special statutory remedy when legal injury results to the owner in possession of land from unlawful claims of an adverse estate or interest in that land; the statutory relief…
2Cases cited3 opinions
- Foote v. BrownSupreme Court of Connecticut · 1905
- Layton v. BaileySupreme Court of Connecticut · 1904
- Saunders's Appeal from ProbateSupreme Court of Connecticut · 1886
3Cited by15 opinions
- Loewenberg v. WallaceSupreme Court of Connecticut · 1960
- Salvatore v. HaydenSupreme Court of Connecticut · 1957
- Lonergan v. Connecticut Food Store, Inc.Supreme Court of Connecticut · 1975
- Wildwood Associates, Ltd. v. EspositoSupreme Court of Connecticut · 1989
- Lucas v. CrofootSupreme Court of Connecticut · 1921
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