Legal Opinion · Concurrence

Belden v. Seymour

Supreme Court of Connecticut

Decided June 15, 1831Published

A new trial having been granted, pursuant to the opinion of this Court, ante 19—34., the cause was tried again, on the same issue, at Hartford, September term, 1830, before Hosmer, Ch. J. The plaintiff having exhibited in evidence the deed of the defendants to him, dated the 17th of March, 1812, (recited ante, 20.) to shew a breach of the covenant of seisin in that deed, offered to read in evidence, a copy, duly authenticated, of the record of a judgment of the superior…

Read the full summary

A new trial having been granted, pursuant to the opinion of this Court, ante 19—34., the cause was tried again, on the same issue, at Hartford, September term, 1830, before Hosmer, Ch. J. The plaintiff having exhibited in evidence the deed of the defendants to him, dated the 17th of March, 1812, (recited ante, 20.) to shew a breach of the covenant of seisin in that deed, offered to read in evidence, a copy, duly authenticated, of the record of a judgment of the superior court, rendered on the fourth Tuesday of September, 1827, in favour of John M. Chenevard, against William Thompson and…

1Concurrence

Hosmer, Ch. J.

I concur with the Court in the opinion that the record in the name of John M. Chenevard against Thompson and Dimock, ought to have been admitted in evidence. But the testimony offered to enlarge the consideration in the defendant’s deed, I consider as inadmissible.

The plaintiff alleges in his declaration, that by their deed, the defendants granted and conveyed to him, in consideration of 1800 dollars, a tract of land, and covenanted that they had good right to bargain and sell the same. The deed was expressed to be for the consideration of 1800 dollars.

The plaintiff, at the…

2Cases cited4 opinions

  1. Harvey v. AlexanderSupreme Court of Virginia · 1822
  2. Noble v. ComstockSupreme Court of Connecticut · 1820
  3. Hatch v. StraightSupreme Court of Connecticut · 1819
  4. M'Call v. M'CallSupreme Court of Connecticut · 1809

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API