US BANK NAT. ASS'N v. Palmer

869 A.2d 666
CourtConnecticut Appellate Court
DecidedApril 5, 2005
Docket24870
StatusPublished

This text of 869 A.2d 666 (US BANK NAT. ASS'N v. Palmer) 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
US BANK NAT. ASS'N v. Palmer, 869 A.2d 666 (Colo. Ct. App. 2005).

Opinion

869 A.2d 666 (2005)
88 Conn.App. 330

U.S. BANK NATIONAL ASSOCIATION, Trustee, et al.
v.
Frederick W. PALMER.

No. 24870.

Appellate Court of Connecticut.

Argued December 7, 2004.
Decided April 5, 2005.

*667 J. Michael Sconyers, Litchfield, for the appellant (defendant).

William O. Riiska, Lakeville, for the appellees (plaintiffs).

SCHALLER, BISHOP and DUPONT, Js.

BISHOP, J.

In this quiet title action brought pursuant to General Statutes § 47-31, the defendant, Frederick W. Palmer, appeals from the judgment of the trial court rendered in favor of the plaintiffs, U.S. Bank National Association and Francis A. Chaffee, trustees of the H.L. Chaffee Trust. On appeal, the defendant claims that the court improperly (1) construed the "acreage call" in a deed in the plaintiffs' chain of title,[1] (2) attributed admissions to the defendant's predecessor in title, (3) found that the defendant had helped his grandfather to install a wire fence and (4) found *668 that the wire fence was an intended property line.

The record discloses the following facts and procedural history. The land in dispute is located in Sharon and was once part of a larger parcel of land owned by Charles B. Everitt. On April 1, 1879, Everitt conveyed to Giles Skiff by a single warranty deed two pieces of land, with the first piece containing the land in dispute. The deed described the property as follows: "The first piece is bounded Northerly on highway leading from Eben W. Chaffee to Cornwall Bridge about forty six rods to stones on a rock. Thence southerly to South East corner of cider mill lot so called. Thence Westerly in line of said lot to the highway leading from the dwelling of Garry S. Morey to Sharon. Thence Northerly in line of said highway to the first mentioned highway and corner opposite the dwelling of Eben W. Chaffee being the place of beginning. The second piece is bounded Northerly by land of Eben W. Chaffee Westerly by land of Eben W. Chaffee and Gibbs W. Skiff Southerly by highway leading from the dwelling of Giles Skiff to Kent and Easterly by the highway leading from Garry S. Moreys to Sharon, containing in all about forty acres be the same more or less, being land conveyed to me by Joshua B. Chaffee." Giles Skiff(Skiff) conveyed three acres in the northeasterly corner of the first piece to Charles W. Munroe on December 2, 1881. The plaintiffs acquired the remainder of the first piece through subsequent conveyances.

In 1884, Everitt deeded to William B. Northrup a parcel of land adjacent to the first piece of land in the Everitt to Skiff deed.[2] The property ultimately was acquired by the defendant's father, William Lathrop Palmer (W.L. Palmer), who conveyed six acres to William J. Haynes in 1964. The parcels currently owned by the plaintiffs and the defendant are adjacent to one another with the plaintiffs' land lying to the west of the defendant's land. The parties dispute who owned approximately eleven acres, claimed by the plaintiffs, in the south portion of the parcel.

On April 30, 2001, the plaintiffs filed a complaint seeking to quiet title to the disputed parcel of land. On December 14, 2001, the defendant filed a counterclaim alleging that he was the record owner of the land in dispute or, in the alternative, that he had gained ownership of the property by adverse possession. The court conducted a four-day trial in June, 2003. Each side presented expert testimony and survey maps describing the location of the disputed boundary line. Following trial, the court issued a memorandum of decision, ruling that the plaintiffs were the record owners of the disputed parcel and that the defendant had not proved adverse possession.

In its memorandum of decision, the court undertook several steps to ascertain the location of the southeasterly boundary marker of the plaintiffs' land, which is referred to as the "South East corner of cider mill lot" in the Everitt to Skiff deed. First, the court reviewed the language of the deed from Everitt to Skiff and attempted to determine the "expressed intention" of the parties to the deed by looking at known and fixed monuments, courses and distances, and acreage. The court determined that there were no *669 known monuments exposing the location of the cider mill lot. In looking for courses and distances, the court held that the deed contained a clear and unambiguous call for a straight line in a southerly direction and that the defendant incorrectly portrayed the call because the easterly boundary on his map did not run in a straight line. Rather, it ran south, then west and then south again. The court also found that the acreage call on the deed from Everitt to Skiff was not helpful because it was ambiguous and open to several competing interpretations.

The court next looked to other evidence of the grantor's intent outside of the language contained in the Everitt to Skiff deed. The court found that the subsequent 1913 deed from Skiff to Carrie T. Chaffee recited that the parcel in dispute contained "15 acres more or less." The court found that this description was consistent with the plaintiffs' map, which represented the parcel as having approximately 14.5 acres. The court also found that Carrie Chaffee had leased back to Skiff a right to use a spring located in the southerly portion of the property and that a spring existed in the southerly portion of the parcel claimed by the plaintiffs.

Finally, the court found that the defendant's predecessor in title, W.L. Palmer, made admissions in his 1964 deed to Haynes that he accepted the wire fence referenced in the plaintiffs' map as the westerly boundary of his property. The court found that these admissions were consistent with the boundary line described in the plaintiffs' map. On the basis of those findings, the court concluded that the plaintiffs' map accurately reflected the boundary line. On October 21, 2003, the court rendered judgment in favor of the plaintiffs. This appeal followed.

The defendant first claims that the court incorrectly interpreted the deed from Everitt to Skiff when it held that the acreage call for forty acres applied only to the second parcel. We disagree.

"As a preliminary matter, we note that our review of a court's interpretation of the language of a deed presents a question of law. Therefore, insofar as our assessment of the judgment involves the court's interpretation of the deed of conveyance, our review is plenary.... To the extent that the court has made findings of fact, our review is limited to a determination of whether the court's conclusions were clearly erroneous." (Citation omitted.) Torgerson v. Sarah Tuxis Residential Services, Inc., 81 Conn.App. 435, 439, 840 A.2d 66, cert. denied, 269 Conn. 903, 852 A.2d 737 (2004).

The paramount issue at trial was the location of the southeast corner of the cider mill lot. Neither party presented direct evidence of the location of this boundary, and the court stated that knowledge about the disputed location "seems to have been lost to the mists of time." The defendant attempted to prove the boundary line by establishing that the plaintiffs' parcel consisted of approximately four acres through an analysis of the acreage calls in several deeds. The defendant's position was predicated on the finding that both parcels in the Everitt to Skiff deed contained a total of forty acres.

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Related

Koennicke v. Maiorano
682 A.2d 1046 (Connecticut Appellate Court, 1996)
Wheeler v. Foster
689 A.2d 523 (Connecticut Appellate Court, 1997)
Torgerson v. Sarah Tuxis Residential Services, Inc.
840 A.2d 66 (Connecticut Appellate Court, 2004)
U.S. Bank National Ass'n v. Palmer
869 A.2d 666 (Connecticut Appellate Court, 2005)

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869 A.2d 666, Counsel Stack Legal Research, https://law.counselstack.com/opinion/us-bank-nat-assn-v-palmer-connappct-2005.