Hitchcock v. Hotchkiss
Supreme Court of Connecticut
THIS was an action of ejectment for one equal and undivided moiety of a piece of land and a dwelling-house, of which the plaintiff averred that he was seised and possessed in his own right in fee-simple, as tenant in common with the defendant and one Russel Hitchcock, until a certain day, when the defendant entered and disseised him. The cause was tried at New-Haven, January term 1816, before Trumbull, Baldwin, and Ingersoll, Js.
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THIS was an action of ejectment for one equal and undivided moiety of a piece of land and a dwelling-house, of which the plaintiff averred that he was seised and possessed in his own right in fee-simple, as tenant in common with the defendant and one Russel Hitchcock, until a certain day, when the defendant entered and disseised him. The cause was tried at New-Haven, January term 1816, before Trumbull, Baldwin, and Ingersoll, Js. On the trial, the plaintiff claimed title to the demanded premises by virtue of the levy of an execution against the defendant, and the subsequent proceedings…
1Opinion of the Court
Swift, Ch. J.
The question is, whether the levy of an execution on land, and an appraisal as a fee-simple estate, *472when the debtor had only an estate for life, will give such a title to the creditor that he can maintain ejectment.
It has been insisted on for the defendant, that the estate or interest he had in the land has not been appraised ; and therefore the statute has not been pursued so as to vest a title in the plaintiff.
The execution was levied on the land in the usual form : and the land was appraised as an estate in fee. The defendant had a freehold estate he had an interest in the…
2Cited by6 opinions
- Clark v. BeachSupreme Court of Connecticut · 1826
- Booth v. BoothSupreme Court of Connecticut · 1829
- Streaper v. FisherSupreme Court of Pennsylvania · 1829
- Ives v. BeecherSupreme Court of Connecticut · 1903
- Camp v. SmithSupreme Court of Connecticut · 1823
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