TaiLexi AI U.S. Case Law

Smith v. Simons

Smith v. Simons, 1 Root 318 (1791)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Supreme Court of Connecticut · State Highest Courts
Decided
September 15, 1791
Citations
1 Root 318
Headnotes
A writing which for a valuable consideration, grants liberty to flow a man’s lands for a number of years, is a lease within the meaning of the law, and must be recorded.
Summary
Aotioet for erecting a mill-dam. on tbe west line of tbe plaintiff’s land, across a stream of water, and flowing bis meadow. Plea — Not guilty. Issue to tbe court. Tbe plaintiff proved bis declaration. Tbe defendant tben offered in evidence a writing under tbe band and seal of Flint, tbe original proprietor of said land, executed in A. D. 1755; whereby, for tbe consideration of £5, be 'granted to those under whom tbe defendant claims, liberty of flowing said land twelve years without restriction, and for eighty years in tbe winter half of tbe year; viz. from tbe 15th of November to tbe 15th of May annually. This writing was not recorded. The question put to tbe court — "Whether this writing is a lease which tbe law requires should be recorded, or only a license?

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

By the Court.

It is a lease, and without being recorded is void as to purchasers. Judgment • — ■ That tbe defendant is guilty.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 0 cases

No case in this database cites this case.

Authorities cited 0

No citations to other opinions in this database were found.

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list