Champlin v. Pendleton
Supreme Court of Connecticut
This was an action of ejectment; tried at New-London, September term, 1837, before Waite, J. The plaintiff claimed title to the demanded premises, by virtue of a deed from John Denison to him, dated April 26th, 1811, and two deeds from John Denison 2nd to John Deni-son, jun., one dated February 26th, 1793, and the other, October 14th, 1802 ; a deed from Elihu Cheesborough to Edward Denison, dated August 7th, 1753; the distribution of Edward Denison's estate, made in…
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This was an action of ejectment; tried at New-London, September term, 1837, before Waite, J. The plaintiff claimed title to the demanded premises, by virtue of a deed from John Denison to him, dated April 26th, 1811, and two deeds from John Denison 2nd to John Deni-son, jun., one dated February 26th, 1793, and the other, October 14th, 1802 ; a deed from Elihu Cheesborough to Edward Denison, dated August 7th, 1753; the distribution of Edward Denison's estate, made in September, 1758; and the original survey and laying-out of a highway in Stonington, accepted -in February, 1753. The highway was…
1Opinion of the CourtWaite, J.
In the very late case of Chatham v. Brainard, 11 Conn. Rep. 60., we had occasion to examine the law in relation to the ownership ofhighways. The different authorities upon this subject are so fully examined and considered, in the opinion given in that case, that it is unnecessary again to refer to them. We there held, that the ownership of the lands on each side of the way, furnishes prima facie evidence that such owner has a fee in the highway, and that strong testimony is necessary to rebut it. Whatever may have been the conflicting opinions heretofore entertained upon this subject, that…
2Cases cited2 opinions
- Town of Chatham v. BrainerdSupreme Court of Connecticut · 1835
- Stiles v. CurtisSupreme Court of Connecticut · 1810
3Cited by22 opinions
- Neil v. Independent Realty Co.Supreme Court of Missouri · 1927
- In re RobbinsSupreme Court of Minnesota · 1885
- Kimball v. City of KenoshaWisconsin Supreme Court · 1856
- Norcross v. GriffithsWisconsin Supreme Court · 1886
- Buck v. SquiersSupreme Court of Vermont · 1850
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