Prout v. Monroe
Prout v. Monroe
Opinion of the Court
This is a statutory action brought under the provisions of ^47-31 and 47-32 of the
The precise question posed to us for resolution on this appeal is a narrow and restricted one: Is an action to quiet title under the provisions of §§ 47-31 and 47-32 triable only by the Superior Court or the Court of Common Pleas? We think it is.
When this action was returned to court in June, 1965, our basic statute relating to the jurisdiction of the Circuit Court was Public Acts 1959, No. 28, § 24 (as amended, General Statutes § 52-2a), limiting jurisdiction to “all civil matters for legal or equitable relief, or both, including actions of summary
Prior to 1893, Connecticut had no statutory proceeding to quiet title. Miles v. Strong, 62 Conn. 95, 103; Gaul v. Baker, 105 Conn. 80, 83. In that year, the legislature, having been made aware by certain decisions of our Supreme Court that an owner of land in possession was prevented from making a beneficial sale of his land by claims of others to certain contingent remainder interests in the property,
Section 52-28 of the General Statutes confers concurrent jurisdiction in the Court of Common Pleas and the Superior Court over “any civil action to quiet and settle title to land” ;
“Where want of jurisdiction appears on the face of the record, as it did in this case, a motion to erase is proper.” Village Creek Homeowners Assn. v. Public Utilities Commission, 148 Conn. 336, 339; see Park Construction Co. v. Knapp, 150 Conn. 588, 591.
The question herein involved is deemed by the appellate panel to constitute a substantial question of law affecting the marketability of titles and should be reviewed by the Supreme Court.
There is no error.
In this opinion Levine, J., concurred.
After this action was instituted and returned to court, Samuel F. Monroe, deceased, his heirs, representatives and creditors, Edith J. Monroe, widow of Samuel F. Monroe, Mildred A. Tesar, and Bobert L. Potter were dropped as parties defendant. Willys M. Monroe, of Boca Baton, Florida, was the sole defendant in the case. He filed an appearance pro se.
Effective with, respect to cases returnable after September, 1965, the jurisdictional limit of the Circuit Court was increased from $2500 to $7500; General Statutes § 52-2a, as amended by Public Acts 1965, No. 331, §§ 29, 50; but the amendatory legislation preserved the language excluding from the jurisdiction of the Circuit Court “those actions which by statute are triable only by the superior court or the court of common pleas or by a judge of one of said courts.”
See, for example, Miles v. Strong, 60 Conn. 393; Miles v. Strong, 62 Conn. 95.
See Rev. 1902, § 4053; Rev. 1918, § 5113; Rev. 1930, § 5035; Rev. 1949, § 7120; General Statutes § 47-31.
Under General Statutes § 52-29, the Superior Court and the Court of Common Pleas have concurrent jurisdiction over declaratory judgment actions.
In 1965, §52-28 was amended by increasing the jurisdictional minimum of the Court of Common Pleas from $5000 to $7500 and the maximum from $10,000 to $15,000, effective with respect to cases returnable after September 1, 1965; Public Acts 1965, No. 331, §§ 32, 50. However, concurrent jurisdiction over “any civil action to quiet and settle title to land” remained in the Superior Court and the Court of Common Pleas.
In DiDomizio v. Scapellati, 109 Conn. 451 (1929), the action to quiet title originated in the City Court of New Britain. 358 Rec. & Briefs, Pt. 1, p. 233. Apparently the charter of the city of New Britain was broad enough to include within the jurisdiction of the
See, for example, Curtis v. Lewis, 74 Conn. 367; Bates v. Spooner, 75 Conn. 501; Cahill v. Cahill, 76 Conn. 542; Layton v. Bailey, 77 Conn. 22; Dawson v. Orange, 78 Conn. 96; Foote v. Brown, 78 Conn. 369; Gerard v. Ives, 78 Conn. 485; Spencer v. Merwin, 80 Conn. 330; Gerard v. Beecher, 80 Conn. 363; New York, B. & E. Ry. Co. v. Motil, 81 Conn. 466; Humphrey v. Gerard, 83 Conn. 346; Standard Co. v. Young, 90 Conn. 133; Ackerman v. Union & New Haven Trust Co., 91 Conn. 500; Hartford-Connecticut Trust Co. v. Cambell, 95 Conn. 399; Kempf v. Wooster, 99 Conn. 418; Gaul v. Baker, 105 Conn. 80; Bowne v. Ide, 109 Conn. 307; Shaw v. Spelke, 110 Conn. 208; Bickell v. Moraio, 117 Conn. 176; Hagearty v. Ryan, 123 Conn. 372; Reaney v. Wall, 134 Conn. 663; Miner v. Miner, 137 Conn. 642; Buckley v. Webb, 143 Conn. 309; Dennen v. Searle, 149 Conn. 126.
See, for example, Ashley Realty Co. v. Metropolitan District, 132 Conn. 551; Gager v. Carlson, 146 Conn. 288; Loewenberg v. Wallace, 147 Conn. 689; Loewenberg v. Wallace, 151 Conn. 355; Girden v. Alubowicz, 15 Conn. Sup. 465.
The three judges of the appellate panel voted affirmatively for certification of the appeal to the Supreme Court. See Practice Book §§ 740, 753.
Dissenting Opinion
(dissenting). I agree with the majority in the historical background of actions to settle title of land but cannot agree with its decision. Merely being fortified with a long line of cases originating in the Superior Court and the Court of Common Pleas is not determinative of the question whether the Circuit Court also has jurisdiction over cases to settle title to land. I feel that it does up to the limit of its jurisdiction.
Sections 47-31 and 47-32 of the General Statutes have remained substantially the same for many years and merely refer to “the court.” In Miles v. Strong, 68 Conn. 273, 286, in discussing the original act (Public Acts 1893, c. 66), the court stated: “[I]t does not provide in what court the proceedings shall
Our former municipal courts were courts of limited jurisdiction, whereas the Circuit Court has general jurisdiction subject only to the limitations imposed by the legislature and is a court of record within the judicial structure of the state of Connecticut. Section 52-2a gives the Circuit Court jurisdiction, “but not including those actions which by statute are triable only by the superior court or the court of common pleas or by a judge of one of said courts.” As noted above, § 47-31 does not say what court or courts shall have jurisdiction, and therefore we must look elsewhere. In § 52-42, we find: “Civil actions wherein the title to land is to be tried and
The question may arise, how we can determine whether an action to quiet title returnable to the Circuit Court comes within its jurisdiction of $7500, when the complaint mentions no ad damnum? Under § 47-31, the defendant must set out in his answer the interest he claims. If his claim is beyond the monetary jurisdiction of the Circuit Court, then the action may be transferred to the proper court under § 52-32.
I therefore conclude that the Circuit Court has jurisdiction over actions to settle title to land.
The majority opinion refers to § 52-28 of the General Statutes, but I feel it has omitted one important word, “may.” Section 52-28 states that the action “may” be brought, and deals only with the concurrent jurisdiction of the Superior Court and the Court of Common Pleas. The section does not use the word “shall.”
Case-law data current through December 31, 2025. Source: CourtListener bulk data.