Leonard v. Bosworth
Supreme Court of Connecticut
This was an action qui tam on the statute against selling pretended titles, (tit. 97. c. 17. p. 446. ed. 1808.) to recover one moiety of the value of 112 acres of land in Ashford, alleged to have been conveyed, by a mortgage deed, for the security of a note for 452 dollars, 40 cents, by David Edmunds, and Mary Edmunds, his wife, while they were held out of the possession of the premises, and ousted thereof, to the defendant, and by him accepted.
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This was an action qui tam on the statute against selling pretended titles, (tit. 97. c. 17. p. 446. ed. 1808.) to recover one moiety of the value of 112 acres of land in Ashford, alleged to have been conveyed, by a mortgage deed, for the security of a note for 452 dollars, 40 cents, by David Edmunds, and Mary Edmunds, his wife, while they were held out of the possession of the premises, and ousted thereof, to the defendant, and by him accepted. The cause was tried at Brooklyn, January term, 1822, before Hosmer, Ch. J.; when the plaintiff obtained a verdict for 784 dollars, damages, and…
1Opinion of the Court
Hosmer, Ch. J.
I shall limit my opinion to the motion in arrest of judgment, and to this precise question, Whether a mortgage deed, is an alienation of lands within the second section of the act for the prevention of maintenance. Stat. p. 446. (ed. 1808.)
By the law referred to, “all bargains, sales, leases, or alienations for years, life, lives, or forever, or for any other term or time whatsoever, of any lands, tenements or hereditaments within this colony, whereof the lessor, vendor, grantor, or the person that doth other ways execute any instrument in writing, for the transferring any right…
2Cited by5 opinions
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