Peck v. Harrison
Supreme Court of Connecticut
This was an appeal from a decree of the court of probate, for the district of Cornwall, made in the progress of the settlement of the insolvent estate of Hopkins T. S’. Johnson, deceased. The cause was heard before the superior court for Litchfield county, at the February term, 1854, when the court found the following facts, and reserved the case, for the advice of this court.
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This was an appeal from a decree of the court of probate, for the district of Cornwall, made in the progress of the settlement of the insolvent estate of Hopkins T. S’. Johnson, deceased. The cause was heard before the superior court for Litchfield county, at the February term, 1854, when the court found the following facts, and reserved the case, for the advice of this court. Johnson, at the time of his decease, was indebted to Thomas and Myron Bartholomew, by note given for the sum of $1,060, and secured by a' mortgage upon certain real estate. The commissioners upon the estate, in their…
1Opinion of the CourtWaite, J.
The first question is, whether parol evidence was admissible, to prove what was said and done, at the time of the sale of the property of the deceased to the appellant, relative to the debt for which it was mortgaged.
The evidence, taken in connection with the subsequent payment of that debt to the Bartholomews, went to show, that Peck, in making that payment, was discharging an obligation, which he had assumed upon himself, and not acting in the capacity of a purchaser. Payment may always be proved by parol.
Besides, Peck, in order, to sustain his appeal, must show, that he is interested in…
2Cited by3 opinions
- Wagner v. Mutual Life InsuranceSupreme Court of Connecticut · 1914
- Ashmead's Appeal from ProbateSupreme Court of Connecticut · 1858
- Vail's Appeal from ProbateSupreme Court of Connecticut · 1870