Burke v. Ruggerio

591 A.2d 453, 24 Conn. App. 700, 1991 Conn. App. LEXIS 179
CourtConnecticut Appellate Court
DecidedMay 28, 1991
Docket9274
StatusPublished
Cited by10 cases

This text of 591 A.2d 453 (Burke v. Ruggerio) is published on Counsel Stack Legal Research, covering Connecticut Appellate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Burke v. Ruggerio, 591 A.2d 453, 24 Conn. App. 700, 1991 Conn. App. LEXIS 179 (Colo. Ct. App. 1991).

Opinion

Heiman, J.

The plaintiff2 appeals from the judgment of the trial court (1) finding that he has not established that he had acquired title by deed to a piece of land located in East Hartford, and (2) quieting and settling title to the center of the strip of land known as Johnson Street in each abutting owner. We affirm that part of the judgment holding that the plaintiff had not established his record title ownership, and reverse that part of the judgment purporting to quiet and settle title to the center of Johnson Street.

In his appeal, the plaintiff claims that the court incorrectly (1) concluded that he had not established his title [702]*702to the disputed land by deed, (2) refused to grant the plaintiff’s motion for continuance in order to permit him to secure additional witnesses, and (3) concluded that the plaintiff and the defendants each owned the property abutting their respective parcels to the center line of Johnson Street. We disagree with the plaintiff’s first and second claims but agree with him with respect to his third claim.

The facts as found by the trial court are as follows. The plaintiff is the owner of lot number twenty-five on a map or plan entitled: “Property of O. J. Signor situated on the southerly side of Tolland Street and on the northerly side of Burnside Avenue, East Hartford, Conn. Scale 1 inch equals 40 ft., August, 1918 L. W. Burke and Son, Civil Engineers, Hartford.”

This map also depicts an L-shaped strip of land denominated Johnson Street. Johnson Street was a “paper street.” There was no formal dedication pf it for use as a highway, nor was there any formal or implied acceptance of the strip by the town of East Hartford. Johnson Street was never developed as a public roadway and it was not used by any of the abutting owners for access. Title to only the base portion of the L-shaped strip was the subject of a previous action decided by this court. Ruggerio v. East Hartford, 2 Conn. App. 89, 477 A.2d 668 (1984). In that case, the trial court held that Ruggerio and Burke, a defendant in that action, each owned one-half of the base of Johnson Street for such distance as Johnson Street abutted their respective properties. We affirmed the judgment of the trial court. Id.

The defendants in this case are the owners of lots shown on the upper portion of the L-shaped strip referenced in the map. They each derived title to their respective lot from deeds in a chain of title derived from the original grantees of O. J. Signor. In addition, the [703]*703defendants each received quitclaim conveyances from the town of East Hartford purporting to convey all of the right, title and interest that the town possessed in and to that portion of Johnson Street that abutted each defendant’s land. The plaintiff claims to have derived title to the entire strip of land known as Johnson Street by virtue of two warrantee deeds from people who he asserts were the heirs of O. J. Signor, the original owner of the whole tract. Prior to the execution of these two warrantee deeds, O. J. Signor had conveyed out all of the parcels of land shown on the map. Each conveyance by Signor referred to Johnson Street as a boundary where applicable.

Despite his claim that he had gained legal title from the heirs of O. J. Signor by deed, the plaintiff failed to offer any evidence that O. J. Signor was dead, that O. J. Signor was related to the plaintiff’s grantors, or of their chain of title to the strip of land known as Johnson Street. The court first concluded that the plaintiff had failed to establish his title to the entirety of Johnson Street. It then rendered judgment determining that the plaintiff and each of the defendants owns the land abutting his property to the center of the strip of land known as Johnson Street on the map.

I

The plaintiff first asserts that the court incorrectly concluded that the plaintiff had failed to establish his ownership of the disputed land by deed. We disagree.

The plaintiff alleged that his title to the disputed parcel of land was acquired by virtue of two deeds, one from Walter E. Signor3 dated December 21,1988, and one from Elaine Hemphill Popielarski dated February 9, 1982. Both of these grantors are alleged to be [704]*704heirs of “J. [sic] J. Signor the record owner of said premises.” The court concluded that the plaintiff had failed to prove that (1) O. J. Signor was dead, (2) there existed any probate proceedings or any other evidence of any distribution to the grantors, and (3) the grantors had obtained any title interest in said premises.

Even in these modern days, the ancient legal maxim nemo est haeres viventis4 is still applicable. Thus, in order to establish that his purported grantors were the heirs of Signor, the plaintiff was first obligated to prove the death of Signor. The trial court found that it had before it no evidence to establish the death of Signor, a factual conclusion that cannot be disturbed on appeal. Gorra Realty, Inc. v. Jetmore, 200 Conn. 151, 160, 510 A.2d 440 (1986).

The trial court also specifically found that the plaintiff had failed to establish the derivation of the claimed title of Popielarski or Walter Signor, the source of the plaintiff s'deeds to Johnson Street. This again is a factual conclusion that the trial court is permitted to draw from the evidence before it. Id. We cannot retry the facts of a case or judge the credibility of the witnesses. Triano v. Brodowy, 151 Conn. 445, 446, 199 A.2d 164 (1964).

It is well settled that in a dispute over the title to real estate, a party can prevail only on the strength of his own title. Marquis v. Drost, 155 Conn. 327, 334, 231 A.2d 527 (1967). “[0]ne cannot create a title in himself merely by proof of a set of deeds purporting to constitute a chain of title ending with a conveyance to himself.” Loewenberg v. Wallace, 147 Conn. 689, 696, 166 A.2d 150 (1960).

The court correctly applied the law to the facts found and its conclusion that the plaintiff did not meet his [705]*705burden of proving his record title interest in Johnson Street by deed is amply supported by the record, and is not clearly erroneous. Nor’easter Group, Inc. v. Colossale Concrete, Inc., 207 Conn. 468, 473, 542 A.2d 692 (1988).

II

The plaintiff next claims that the trial court abused its discretion in refusing to grant his motion for continuance in order to produce further testimony. We disagree.

Certain additional facts are necessary to the disposition of this claim. When the plaintiff rested his case, the defendants moved for a dismissal for failure of the plaintiff to make out a prima facie case. Practice Book § 302.

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Bluebook (online)
591 A.2d 453, 24 Conn. App. 700, 1991 Conn. App. LEXIS 179, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burke-v-ruggerio-connappct-1991.