Legal Opinion

Wetherell v. Town of Newington

Supreme Court of Connecticut

Decided February 5, 1886PublishedCited by 4 opinions

Suit for an injunction against the removal of trees and fences and the appropriation of land for a highway; brought to the Court of Common Pleas of Hartford County, and heard before Oalhoun, J. The judgment rendered embraced the following finding:— The court, having heard the parties, finds the issues for the plaintiff, except as to the western boundary of the land described in said complaint, and also finds that the plaintiff is the owner in fee simple, free from any public…

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Suit for an injunction against the removal of trees and fences and the appropriation of land for a highway; brought to the Court of Common Pleas of Hartford County, and heard before Oalhoun, J. The judgment rendered embraced the following finding:— The court, having heard the parties, finds the issues for the plaintiff, except as to the western boundary of the land described in said complaint, and also finds that the plaintiff is the owner in fee simple, free from any public easement, of the following described piece of land, with buildings thereon, situated in said town of Newington, namely:…

1Opinion of the CourtPark, C. J.

The parties were at issue in this case as to whether a certain strip of land, upon which the selectmen of the defendant town were about to enter and grade it as a part of a public highway, was in fact a part of such way, or belonged to the plaintiff as his private property.

In deciding the question the court used the following language :—“ The court having heard the parties, finds the issues for the plaintiff, except as to the western boundary of the land described in the complaint, and also finds that the plaintiff is the owner in fee simple, free from any public easement, of the following…

2Cited by4 opinions

  1. Brainard v. Town of West HartfordSupreme Court of Connecticut · 1954
  2. Moneyweight Scale Co. v. McBrideMassachusetts Supreme Judicial Court · 1908
  3. Brainard v. Town of West HartfordConnecticut Superior Court · 1953
  4. Connecticut Bank & Trust Co. v. MularcikConnecticut Superior Court · 1961

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