Freedman v. Avery
Supreme Court of Connecticut
Replevin for lumber, brought to and tried by the Superior Court in Tolland County, Tuttle, J.; facts found and judgment rendered for the defendant, and appeal by the plaintiff. On August 6th, 1911, William H. King, a resident of Springfield, Massachusetts, was the owner of a lot of land containing about one hundred acres, lying in a part of the town of Stafford in this State which is little frequented and considerably remote from any center of population.
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Replevin for lumber, brought to and tried by the Superior Court in Tolland County, Tuttle, J.; facts found and judgment rendered for the defendant, and appeal by the plaintiff. On August 6th, 1911, William H. King, a resident of Springfield, Massachusetts, was the owner of a lot of land containing about one hundred acres, lying in a part of the town of Stafford in this State which is little frequented and considerably remote from any center of population. On that day King, by warranty deed, conveyed the land to one Galbraith, who lived on premises next adjoining. The déed contained the…
1Opinion of the CourtBurpee, J.
In his complaint the plaintiff alleges that on or about July 25th, 1913, William H. King sold and delivered to him the lumber which is the subject of this litigation, and that he took possession ■ thereof. He made no claim of title, in pleading or argument, based on the deed of King to him executed December 10th, 1912, nor could he successfully, because its separate defeasance made it a mortgage, which, being recorded without the defeasance, was not valid against an attaching creditor of the grantor. Ives v. Stone, 51 Conn. 446.
The alleged sale and delivery apparently were not seriously…
2Cases cited5 opinions
- Ives v. StoneSupreme Court of Connecticut · 1884
- Norton v. DoolittleSupreme Court of Connecticut · 1865
- Seymour v. O'KeefeSupreme Court of Connecticut · 1876
- Hull v. SigsworthSupreme Court of Connecticut · 1880
- Dann v. LukeSupreme Court of Connecticut · 1901
3Cited by9 opinions
- Sweetland v. Oakley State BankIdaho Supreme Court · 1925
- Kaplenski v. HorwitzSupreme Court of Connecticut · 1932
- Trachten v. BoyarskySupreme Court of Connecticut · 1937
- Cappelletti v. TierneySupreme Court of Connecticut · 1924
- Smith v. DiplockSupreme Judicial Court of Maine · 1929
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