Inhabitants of Barkhamsted v. Case
Supreme Court of Connecticut
IN ERROR. This was a bill in chancery, brought originally to the county court of Litchfield county, by Dudley Case, against the town of Barkhamsted, for relief against a promissory note for 29 dollars, given by the plaintiff, to Josiah A. Hart, treasurer of that town. The lands in Barkhamsted were antiently held, by the proprietors, in common.
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IN ERROR. This was a bill in chancery, brought originally to the county court of Litchfield county, by Dudley Case, against the town of Barkhamsted, for relief against a promissory note for 29 dollars, given by the plaintiff, to Josiah A. Hart, treasurer of that town. The lands in Barkhamsted were antiently held, by the proprietors, in common. In 1780, they were laid out into divisions, tiers and lots, which were aparted among the proprietors in severalty; they reserving a portion of such lands between the tiers for highways, and bounding the lots thereon. On the 2nd of April, 1814, the…
1Opinion of the Court
Hosmer, Ch. J.
The ground on which the decree in this case was rendered, by the county court, undoubtedly was, that the promissory note executed to Barkhamsted, was totally without consideration, by reason of the non-existence of the title to the land sold; and therefore, that such note was fraudulent and void. If there was no fraud and no covenant to secure the title, the purchaser has no remedy for his money, even on failure of title, either at law or in equity. Abbott v. Allen, 2 Johns. Chan. Rep. 519. Chesterman v. Gardner, 5 Johns. Chan. Rep. 29. 2 Swift’s Dig. 45. The grantee of land, if…
2Cases cited1 opinion
- Moore v. EllsworthSupreme Court of Connecticut · 1821
3Cited by17 opinions
- Town Council of Cahaba v. BurnettSupreme Court of Alabama · 1859
- Hawthorne v. OdensonNew Jersey Court of Chancery · 1923
- McDonough & Co. v. MartinSupreme Court of Georgia · 1892
- Gibson v. RichartIndiana Supreme Court · 1882
- Mullen v. HawkinsIndiana Supreme Court · 1895
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