64 A.2d 176 | Conn. | 1949
Plaintiff and defendant are adjoining landowners. Their lots bound south on Howard Avenue in Norwalk. The location of the boundary line between their properties is the basis of the present dispute. The plaintiff brought an action of trespass for the wrongful invasion of her rights and claimed an injunction and damages. Title was pleaded but is only incidentally relevant to a possessory action of this character. Milardo v. Branciforte,
The state of the title, as reflected in the finding, was rather involved, but the following summary is adequate to dispose of the case. In 1909 Mary Safkr was the owner of a tract of land on the north side of Howard Avenue of which the lots now owned by the plaintiff and defendant were parts. She conveyed the easterly fifty feet to a predecessor in title of the defendant, to whom it then came by mesne conveyances. In the last two deeds in his chain of title, the width is given as fifty feet more or less.
In 1933 Mary Safkr conveyed the land west of that of the defendant to the plaintiff's predecessor in title. Up to 1934 it was not disputed that the division line between the plaintiff's and defendant's properties was indicated by a line of fruit trees. The trees have now been removed but the contour of the lot caused by grading shows the same line. After 1934 a dispute arose over the exact location of the line and eventually *318 this action was brought. The trial court concluded that there was no point from which to measure off and fix the westerly boundary of the fifty-foot lot deeded by Mary Safkr to the defendant's predecessor in title; that the line claimed by the defendant and as shown on a map drawn by an engineering firm and admitted as an exhibit was treated by the adjoining owners as the true division line from 1912 to 1934; and that it was the true boundary line. Judgment was for the defendant.
The plaintiff has indulged in one of those wholesale attacks on the finding which have been so frequently criticized by this court. Gallaher v. Southern New England Telephone Co.,
It is obvious that the finding as made supports the *319
conclusions reached. None of the deeds described in the finding or the abstract of title made a part thereof tie the measurements of the frontage of the defendant's lot on Howard Avenue to any particular physical object so that it can be definitely located. It and the lot of the plaintiff are bounded by the property of others. It is true, as claimed by the plaintiff, that adjacent land may be a monument, but this cannot assist in fixing a boundary when the boundary of the adjacent land is itself not fixed. Patzloff v. Kasperovich,
The plaintiff claims, however, that the exhibits made a part of the finding contradict it and control. Klein v. Munson,
It only remains to consider whether the conclusions were reached under an erroneous rule of law or, as stated by the plaintiff, whether the court erred in overruling her claims of law. Examination of the latter indicates that all have been disposed of with the exception of a claim that the court improperly considered unspecified offers of compromise in reaching its decision. The court merely found that two or three offers had been made by way of compromise, without giving any of the terms proposed; and this finding was apparently made because of a more detailed description in the draft finding of attempts by the defendant to settle the case. It could not have harmed the plaintiff, and furthermore she cannot complain of claimed error induced by her. Conn. App. Proc. 21.
There is no error.
In this opinion the other judges concurred except DICKENSON, J., who concurred in the result.