Preston v. Griffin
Supreme Court of Connecticut
THIS was an action of ejectment for a piece of land in Newtown. The cause was tried at Danbury, September term 1815, before Trumbull, Baldwin, and Ingersoll, Js. On the trial, the plaintiff claimed title to the land under a deed from the administrators of Richard Nichols, deceased, dated the 24th of August 1809, who, it was admitted, originally owned, the land.
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THIS was an action of ejectment for a piece of land in Newtown. The cause was tried at Danbury, September term 1815, before Trumbull, Baldwin, and Ingersoll, Js. On the trial, the plaintiff claimed title to the land under a deed from the administrators of Richard Nichols, deceased, dated the 24th of August 1809, who, it was admitted, originally owned, the land. The defendant claimed, that he was well seised, by virtue of a deed to him from Zalmon Tousey, jun., dated the 2d of February 1802 ; and a prior deed to Tousey from Philo Norton, dated the 25th of August 1800 ; and a judgment in favour…
1Opinion of the Court
Swift, Ch. J.
I am of opinion that a new trial ought to be granted, because the court charged the jury, that deeds and conveyances of all a man’s estate specifically described, and executed at different times, are a badge of fraud.
It has been decided in cases where conveyances of property are challenged as fraudulent, that it is not competent to prove that other conveyances, made at other and different times, were fraudulent, to raise a presumption that the sale in question was fraudulent ; but conveyances of other property made at the same time with that in question may be given in evidence…
2Cited by1 opinion
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