Smith v. Starkweather
Supreme Court of Connecticut
MOTION fora new I rial. This was an action of On (ho trial, it appeared, that on the 22d day of December, 1794, Nathan Peters, and Lois, his wife, were seised and possessed, in fee, of a tract of iand, containing 127 acres, which included the land in question ; and on the same day, Peters, and his wife, mortgaged the whole tract to Alexander Stewart. ; that afterwards, Stewart conveyed all his interest in the hind, to the defendant, who went immediately into possession ;…
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MOTION fora new I rial. This was an action of On (ho trial, it appeared, that on the 22d day of December, 1794, Nathan Peters, and Lois, his wife, were seised and possessed, in fee, of a tract of iand, containing 127 acres, which included the land in question ; and on the same day, Peters, and his wife, mortgaged the whole tract to Alexander Stewart. ; that afterwards, Stewart conveyed all his interest in the hind, to the defendant, who went immediately into possession ; that on the 14th day of November, 1807, Jeremiah Halsey, and the plaintiff, Smith, severally attached the whole tract, by…
1Opinion of the CourtTrumbull, J.
(After stating the case.) In the present action, the plaintiff declares, that he was well seised and possesses! of the. lands demom'.ed. in his own right, in fee, until be was disseised by the d( fondant. The only question before us, is, whether the title, at law, is vested in the plaintiff, or in some other of the claimants ?
The defendant, after the delivery of his deed of release to Peters and his wife, had no claim of title to the laud; for the deed, though not recorded, is valid between the parties, and as it respects all persons claiming under them. Neither Halsey, Williams, nor…
2Cited by6 opinions
- Touchard v. CrowCalifornia Supreme Court · 1862
- Brown v. WarrenNevada Supreme Court · 1881
- New Haven Trolley & Bus Employees Credit Union v. HillSupreme Court of Connecticut · 1958
- Simmons v. SprattSupreme Court of Florida · 1890
- Cushing v. MillerSupreme Court of New Hampshire · 1883
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