Phelps v. Jepson
Connecticut Superior Court
Action of ejectment for a lot of land in Hartford. Plea — not guilty. Issue to the jury. The jury find a special verdict — That Sarah and Hannah Burr were seized in fee of one-half of the demanded premises, by force of a deed from Isaac Burr to- them, dated the 18th of January A. D. 1126, and of the other half, by force of a deed from Timothy Phelps, dated, both of said deeds are recited in the special verdict,' and convey the estate to said Sarah and Hannah jointly — That…
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Action of ejectment for a lot of land in Hartford. Plea — not guilty. Issue to the jury. The jury find a special verdict — That Sarah and Hannah Burr were seized in fee of one-half of the demanded premises, by force of a deed from Isaac Burr to- them, dated the 18th of January A. D. 1126, and of the other half, by force of a deed from Timothy Phelps, dated, both of said deeds are recited in the special verdict,' and convey the estate to said Sarah and Hannah jointly — That they continued so seized until the death of said Sarah — That said Sarah before her death, made and published her last…
1Opinion of the Court
The judgment of the court upon the special verdict is, that the plaintiff is entitled to only one moiety of the demanded premises.
By this decision the doctrine of survivorship between joint tenants, was exploded, and determined not to be the law in this state, which settled, the law as to this point, and has never since, to my knowledge, been contradicted or shaken.
2Cited by9 opinions
- Allen v. AlmySupreme Court of Connecticut · 1913
- Witzel v. WitzelWyoming Supreme Court · 1963
- Town of Corinth v. EmerySupreme Court of Vermont · 1891
- Whittlesey v. FullerSupreme Court of Connecticut · 1836
- New York, New Haven & Hartford Railroad v. RussellSupreme Court of Connecticut · 1910
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