16 Conn. 322 | Conn. | 1844
The principal point, which has been made before us, by the defendants, and on which a new trial is claim
It appears on the motion, that the first question between the parties on the trial, was, whether the plaintiff, claiming, by conveyance from the said Nathan, a title to the shop erected by the latter, was the owner of said shop, when he, the plaintiff, removed it from the premises of which the said Nathan was the lessee; and that was made to depend wholly on the inquiry, whether the use, by the said Nathan, of a portion of the materials of the old shop in the erection of the new shop, vested the title to the latter in the proprietor of the former. That was the circumstance, in connexion with the further claim that the new shop was erected as a substitute for the old one, on which the defendants relied to make out a title in Edwin St. John, under whom they justified, to the new shop. There does not appear to have been any claim, that the plaintiff’s grantor might not lawfully have removed an entirely new building erected by him on the leased premises, for the purposes of his trade; or that the plaintiff, his grantee, would not have such right.
The defendants’ claim was, that the use of any considerable portion of the materials of the old shop in the construction of the new, vested the title to the new shop in the owner of the old one. The principle, of which no complaint is made, was stated to the jury, that a tenant, for years has a right to remove, during the continuance of the term, but not afterwards, a building erected by him on the leased premises, for the purpose of carrying on his trade. They were also instructed, that the use of a portion of the materials of the old shop on the premises, in the construction of the new one, by the tenant, would not in law vest the title of the latter in the owner of the former, if said new building was a different and distinct one from the old shop, and not the old one repaired or reconstructed. The title of the plaintiff to the new shop, thus
The remaining question respects the correctness of the charge as to the right of the defendants to remove that portion of the building in question, which stood on the premises of the plaintiff. There was no question on this part of the case, but that portion of the building belonged to the plaintiff. As to that part of it, which may have been left, after the expiration of the lease, on the land of the said Edwin St. John, the defendants claimed, that it thereby became his property; and this was conceded, by the plaintiff; nor was it disputed, that the said Edwin had a legal right to remove, or authorize the defendants to remove, such part so owned by him. The question was, whether the said Edwin, or the defendants by his authority, for the purpose of removing his part of said building, had a legal right to remove also that part of it, which belonged to the plaintiff; and the jury were instructed, that they had not. This part of the case was treated as if there
A new trial, therefore, should not be advised.
New trial not to be granted.