Merrills v. Swift
Supreme Court of Connecticut
This was a bill for the foreclosure of a mortgage. The case stated and found was as follows. William Swift, one of the defendants, being the owner in fee of the lands , described in the bill, subject to certain prior mortgages, and being also in embarrassed and failing circumstances, on the 11th day of February, 1845, in the absence and without the knowledge of the plaintiff, who then resided in Lee in the state of Massachusetts, applied to an attorney at law m the city of…
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This was a bill for the foreclosure of a mortgage. The case stated and found was as follows. William Swift, one of the defendants, being the owner in fee of the lands , described in the bill, subject to certain prior mortgages, and being also in embarrassed and failing circumstances, on the 11th day of February, 1845, in the absence and without the knowledge of the plaintiff, who then resided in Lee in the state of Massachusetts, applied to an attorney at law m the city of Hartford, and requested him to draw a mortgage deed of said lands to the plaintiff; which such attorney accordingly did…
1Opinion of the CourtStorks, J.
It is in the first place, contended, by Hewlett, the only defendant who appears in this case, that there was no delivery of the deed in question to the plaintiff, by Swift, previous to the attachment, by Howlett, of the land embraced in it. It is essential to the validity of a deed that it should be delivered by the grantor, and accepted by the grantee,, A deed takes effect only from its delivery ; and there can be no delivery without acceptance, either express or implied. They are necessary simultaneous and correlative acts. Jackson d. Ten Eyck & ux. v. Richards. 6 Cow. 617. As there can be,…
2Cases cited6 opinions
- Wheelwright v. WheelwrightMassachusetts Supreme Judicial Court · 1807
- Hatch v. HatchMassachusetts Supreme Judicial Court · 1812
- Maynard v. MaynardMassachusetts Supreme Judicial Court · 1813
- Church v. GilmanNew York Supreme Court · 1836
- Elsey v. MetcalfCourt for the Trial of Impeachments and Correction of Errors · 1845
1 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Henry v. PhillipsTexas Supreme Court · 1912
- Dart & Bogue Co. v. SlosbergSupreme Court of Connecticut · 1987
- Welch v. SackettWisconsin Supreme Court · 1860
- Fisher v. . HallNew York Court of Appeals · 1869
- Alliance Milling Co. v. Eaton, Guinan & Co.Texas Supreme Court · 1894
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