Town of Derby v. Alling
Supreme Court of Connecticut
Bill in equity for an injunction ; brought to tlie Superior Court in New Haven County. The petitioners sought to enjoin the respondents from removing the soil from, and erecting a building upon, land claimed by them to ho part of a dedicated but unopened street of the borough of Birmingham within the town of Derby. The respondents in their answer denied all right of the public in the land in question and claimed it as exclusively their own property.
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Bill in equity for an injunction ; brought to tlie Superior Court in New Haven County. The petitioners sought to enjoin the respondents from removing the soil from, and erecting a building upon, land claimed by them to ho part of a dedicated but unopened street of the borough of Birmingham within the town of Derby. The respondents in their answer denied all right of the public in the land in question and claimed it as exclusively their own property. They also alleged that the town had no common interest with the borough and claimed that a joint petition by them could not be sustained. The…
1Opinion of the CourtSeymour, C. J.
The petitioners seek to restrain the respondents from encumbering what is alleged to be a public highway and a portion of Third street in the village of Birmingham. The respondents admit that they are about to erect a building upon the place thus claimed to be a portion of Third street, but they deny that the street extends to the premises. The place in dispute has never been opened to the public, but is used, and for many years has been inclosed and used, by the respondents as their private property.
The respondents derive their title by deed from Anson G-. Phelps and Sheldon Smith, the…
2Cited by67 opinions
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