Legal Opinion

Burr v. Spencer

Supreme Court of Connecticut

Decided March 15, 1857PublishedCited by 6 opinions

Action of disseissin, tried to the jury on the general issue with notice, at the term of the superior court holden at Had-dam in November, 1856. The demanded premises consisted of about one quarter of an acre of land with a dwelling house thereon, in Middle-town, and constituted part of a tract containing about thirty acres.

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Action of disseissin, tried to the jury on the general issue with notice, at the term of the superior court holden at Had-dam in November, 1856. The demanded premises consisted of about one quarter of an acre of land with a dwelling house thereon, in Middle-town, and constituted part of a tract containing about thirty acres. In February, 1853, Jeremiah Brainerd, then owner in fee of the whole tract (the dwelling-house not then being thereon,) by lease duly executed and recorded, demised the same to Samuel Arnold 2nd and Isaac Arnold, “ together with the quarry or quarries thereon, and the…

1Opinion of the CourtHinman, J.

The first question is whether an outstanding mortgage to a stranger, can be set up by a defendant, to *163defeat a recovery in an action of ejectment. This was the precise question which this court decided in the case of Porter v. Seeley, 13 Conn., 564, after great deliberation, and the court again, to this extent, expressly affirm that decision in the case of Smith v. Vincent, 15 Conn., 1. The authority of two recent decisions on the point ought to be sufficient, without further reference to authority, or any reasoning on the subject.

The plaintiff’s title was under, a quitclaim deed from Samuel…

2Cases cited2 opinions

  1. Smith v. VincentSupreme Court of Connecticut · 1842
  2. Porter v. SeeleySupreme Court of Connecticut · 1840

3Cited by6 opinions

  1. Hatcho Corp. v. Della PietraSupreme Court of Connecticut · 1985
  2. Pearson v. SullivanMichigan Supreme Court · 1920
  3. Brainerd v. ArnoldSupreme Court of Connecticut · 1858
  4. Savage v. DooleySupreme Court of Connecticut · 1859
  5. Town of Clinton v. Town of WestbrookSupreme Court of Connecticut · 1871

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