Blakeman v. Blakeman
Supreme Court of Connecticut
Bill in Equity for the correction of a deed of land, so as to make it embrace a right of way over the adjoining land of the grantor; brought to the Court of Common Pleas of Fair-field County, and tried, on a general denial, before-JBrewster, J.The court found the following facts : The respondent was for several years prior to October, 11th 1865, owner in fee of the premises described in the petition, between which premises and other land of the respondent was a lane leading…
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Bill in Equity for the correction of a deed of land, so as to make it embrace a right of way over the adjoining land of the grantor; brought to the Court of Common Pleas of Fair-field County, and tried, on a general denial, before-JBrewster, J.The court found the following facts : The respondent was for several years prior to October, 11th 1865, owner in fee of the premises described in the petition, between which premises and other land of the respondent was a lane leading out of the highway, bounding the premises on the east, and running west from the highway. On the 11th of October, 1865,…
1Opinion of the CourtButleR, C. J.
The petitioner purchased and the respondent sold the tract of land in question for a consideration which covered a right of way through the lane, and which would not have been paid for the land alone. It does not expressly appear, but I think it is fairly to be implied, that there had been an appurtenant right of way, which had ceased by operation of law. The respondent represented to the petitioner that such a way still existed and would pass by virtue of the clause in relation to privileges and appurtenances in the deed, and the petitioner took the deed relying upon the truth of that…
2Cited by25 opinions
- Morgan v. BellWashington Supreme Court · 1892
- Reggio v. WarrenMassachusetts Supreme Judicial Court · 1911
- Renard v. ClinkMichigan Supreme Court · 1892
- Hannah v. SteinmanCalifornia Supreme Court · 1911
- J. P. Eustis Manufacturing Co. v. Saco Brick Co.Massachusetts Supreme Judicial Court · 1908
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