Lyon v. Robbins
Supreme Court of Connecticut
Bill in Equity for a contribution and. foreclosure; brought to the Superior Court in Hartford County. The principal •allegations of the petition were as follows r— That the petitioner since the year 1864 has been and still is seized for the term of her natural life, by virtue of the last will of her late husband, Ezra Lyon, of the following piece of land with the buildings thereon standing, to wit: [describing it;] that by virtue of said will each of the five children of the…
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Bill in Equity for a contribution and. foreclosure; brought to the Superior Court in Hartford County. The principal •allegations of the petition were as follows r— That the petitioner since the year 1864 has been and still is seized for the term of her natural life, by virtue of the last will of her late husband, Ezra Lyon, of the following piece of land with the buildings thereon standing, to wit: [describing it;] that by virtue of said will each of the five children of the said Ezra was seized and possessed of one undivided fifth ,part of all the real estate of the said Ezra, including the…
1Opinion of the CourtGranger, J.
The first objection made by the respondents in this case to the relief sought by the petitioner in her bill is, that the moi’tgage to Castle was void, because it was a conveyance by metes and bounds, of a part of certain lands held by tenants in common, by a part only of the tenants in common.
Conceding the correctness of the general rule which makes such a conveyance void, yet we think the respondents stand in a position in which they can not be heard to make this objection.
Castle, the mortgagee, brought a bill for a foreclosure against the present respondents and petitioner. In that case the…
2Cases cited1 opinion
- Town of Hamden v. RiceSupreme Court of Connecticut · 1856
3Cited by9 opinions
- Harding v. GillettSupreme Court of Oklahoma · 1909
- Zauner v. BrewerSupreme Court of Connecticut · 1991
- Lomas & Nettleton Co v. DiFrancescoSupreme Court of Connecticut · 1933
- Dougherty v. KubatNebraska Supreme Court · 1903
- Thurston v. HoldenIdaho Supreme Court · 1928
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