Briggs v. Morse
Supreme Court of Connecticut
Action for breach of a covenant against incumbrances; brought, by appeal from a justice of the peace, to the Court of Common Pleas for New Haven County, and tried to the eourt'Upon the general issue, before Robinson, J. The defendant on the 6tli day of January, 1871, sold and conveyed the premises described in the 'declaration to the plaintiff, by whom they were, on the 17th of January, 1871, sold to a grantee,, who on the 27th of February, 1871, ;Sold and conveyed them to…
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Action for breach of a covenant against incumbrances; brought, by appeal from a justice of the peace, to the Court of Common Pleas for New Haven County, and tried to the eourt'Upon the general issue, before Robinson, J. The defendant on the 6tli day of January, 1871, sold and conveyed the premises described in the 'declaration to the plaintiff, by whom they were, on the 17th of January, 1871, sold to a grantee,, who on the 27th of February, 1871, ;Sold and conveyed them to Bridget Galvin. The defendant’s deed to the plaintiff contained a covenant against all incumbrances, except a certain…
1Opinion of the CourtPardee, J.
Morse, the defendant, sold and transferred the property described in the declaration in January, 1871. We think that the finding of facts imports that he was the owner and possessor of personal property both in New Haven and in Wallingford, sufficient for the payment of the tax thereon, and which could have been found, for a sufficient length of time to outlast the statutory tax lien upon said transferred estate; and that there was no tax incumbrance upon said propei’ty at the time of the payment made by Bridget Galvin.
The plaintiff has paid no part of the tax in question ; he has paid…
2Cases cited2 opinions
- Davis v. LymanSupreme Court of Connecticut · 1826
- Cooke v. BarrSupreme Court of Connecticut · 1872
3Cited by2 opinions
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- McDaniels v. GoweyWashington Supreme Court · 1902