The daily morning journal and courier., 1906-06-19
IAN INTERESTING DECISION
BY JUDGE BENNETT IN CASE OF
 STREET VS. LEETE.

Of Interest Not Only to the Parties at
 Morris Cove but to Purchasers of
 Shore Lots Everywhere.
 In the case of Street vs. Leete Judge William L. Bennett has just decided case of considerable interest not only to the parties at Morris Cove whom it concerns, but to the purchasers of shore lots everywhere.
 In 1882 James Parker filed map in the town clerks office in New Haven of lote on the street now known as Parker place, and sundry lots on Townsend avenue that border on the easterly side of Townsend avenue, but that were also Apparently combinations of the lots, as well as Parker place, on the westerly side of Townsend avenue running down l to the water. These combinations were not over thirty or forty feet long and were uniformly forty feet wide. They l were not either by their size or loca- ton, fitted to be building lots. The words Parker place make the street,
 
 Townsend avenue so that, so far as the lettering was concerned, the map did not indicate that Parker place was con- tinued across Townsend avenue. The continuation was 'apparWent, as in the case of the building lots, by reason of the size and location of the divisions on | the westerly side of the street.
 Up to June 30, 1886, Parker had deed- ed only one lot on Parker place and two or three lots on Townsend avenue. On June 30, 1886, he cold all the land that he had on the map to Henry J. Stevens, L. Wheeler Beecher and Joseph B. Morse. He sold the corner lot on Town send avenue and Parker place, and deeded the continuation at the same time, as he had continuously done with regard to the lots on Townsend avenue | up to that date. None of the continual tions on the westerly side of Townsend avenue was ever sold alone.
 He bounded the continuation of the corner lot on Parker place continued, so that by that deed he indicated that Parker place was continued to the sea. The lot on the opposite corner he sold l to l.. Wheeler Beecher, and the contin- nation of it on the westerly side of Townscnd. avenue was bounded on Par ker place continuer. On the same day he gave a deed to Joseph B. Morse of certain lots, and concluded his deed by saying hereby intending to convey all my remaining interest in the land de- scribed in said map" In the deeds to L. Wheeler Beecher and to Henry J. Stevens he spoke of the continuation of Parker place as his own land.
 Some twenty years later, in April, 1906, Joseph Morse obtained from Par ker deed of the continuation of Par ker place, and sold it to Clara Leete. Clara Leete commenced to cart materi- als upon this extension for the purpose of erecting building there. The own CTS upon Parker place and Townsend avenue obtained from Judge Bennett a temporary injunction which Judge Ben nett has, by this decision, made perma- nent.
 The claim of Morse at the trial was that( as Parker had described the con tinuation of Parker place as his own land, he did not intend to dedicate it to the public. Judge Bennett's lewiston makes the continuation of Parker place highway.
 F. P. Arvine and F. H. Rogers for the plaintiff, and A. D. Penney and w. B. Stoddard for the defendant.