Roberts v. Merwin

• Decision Date: 17 December 1907
• Citation: 68 A. 377,80 Conn. 347
• Court: Connecticut Supreme Court
• Parties: ROBERTS v. MERWIN et al.

68 A. 377

80 Conn. 347

ROBERTS

v. MERWIN et al.

Supreme Court of Errors of Connecticut.

Dec. 17, 1907.

Appeal from Superior Court, New Haven County; George W. Wheeler, Judge.

Action to settle title to land under Gen. St. 1902, § 4053, by Charles F. Roberts against Nathan P. Merwin and another. From a judgment for defendants, plaintiff appeals. Affirmed.

George E. Beers and Harry W. Doolittle, for appellant. William B. Stoddard, Omar W. Platt, and Robert C. Stoddard, for appellees.

HALL, J. This is one of the three actions referred to in Merwin v. Backer, 80 Conn. —, 68 Atl. 373, involving the question of the ownership of a sandy strip of beach land, some 800 feet long, and from 100 to 200 feet wide, on the shore of Long Island Sound, in the town of Milford, and more particularly described in the statement of facts, and by the diagram contained in the opinion in that case. The plaintiff Roberts brings this action against N. P. Merwin and the town of Milford, as defendants, to settle the title to the tracts at the northerly and southerly ends of said beach, designated in the map, made a part of the finding, and in the diagram above referred to, plots 2 and 3, and the title to the southerly one of which (plot 2) was in question in Merwin v. Backer, supra. The ruling sustaining the defendants demurrer to the original complaint need not be considered, since the plaintiff was not prejudiced by it, after having been allowed to file a substitute complaint. The substituted complaint alleges, in substance, as the plaintiff's claim, interest, and title to the said two plots, that on February 7, 1905, one Edward A. Spencer owned and occupied the whole of said strip of beach, having "acquired title in fee simple to the same by adverse possession, such possession being of the land as one entire tract"; that on that day Spencer conveyed to Charles H. Merwin, Jr., land including plots 2, 3, and 4; that on February 11, 1905, Charles H. Merwin, Jr., conveyed plot 2 to Charles E. Backer, and plots 3 and 4 to George Wilcox; that on August 2, 1905, Backer conveyed plot 2 to the plaintiff, and on August 9, 1905, George Wilcox conveyed plot 3 to the plaintiff. The complaint further alleges that the defendants claim to own said plots 2 and 3. In their separate answers the defendant Merwin disclaimed any interest in plot 3, excepting such as he might have as an inhabitant of the town, and claimed title to plot 2, and alleged that Spencer was never in possession of, and never claimed to own, plot 2; and the defendant town of Milford disclaimed any interest in plot 2, and claimed title to plot 3, and alleged that Spencer was never in possession of, and never claimed to own, plot 3. The plaintiff filed replies, denying the averments of the answers, of title in the defendants, and of the absence of title and of possession in Spencer. Upon these pleadings...