Hotchkiss v. Nichols
U.S. Circuit Court for the District of Connecticut
MOTION for a new trial. This was an action, qui tam, brought on the statute to r , . , .. . . t prevent frauds, quarrels, and disturbances m bargamsa saiesi leases, or other alienations of lands.(a) The plaintiff declared, that on or about the first day of November, 1800, he became the sole and exclusive owner of an undivided moiety of a certain grist-mill, and the appurtenances, in Woodbridge; which moiety was before that time the property of Lois, wife of James Downey:…
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MOTION for a new trial. This was an action, qui tam, brought on the statute to r , . , .. . . t prevent frauds, quarrels, and disturbances m bargamsa saiesi leases, or other alienations of lands.(a) The plaintiff declared, that on or about the first day of November, 1800, he became the sole and exclusive owner of an undivided moiety of a certain grist-mill, and the appurtenances, in Woodbridge; which moiety was before that time the property of Lois, wife of James Downey: that on the clay before mentioned, he entered upon the premises, and took to himself the exclusive possession thereof,…
1Opinion of the Court
By the Court.
The question in this case is, whether the decree in chancery is conclusive evidence of the fact, that Nichols knew, at the time of taking the deed from Downey and his wife, that Hotchkiss was in possession of the land?
On examining the decree, it appears that the fact, to prove which the decree was offered, and which appears? in the terms of the decree, to have been found by the court, was not material in that case; and, although found, cannot be considered as put in issue on the bill in chancery.
Without determining, therefore, whether the decree of a court of chancery is evidence…
2Cited by4 opinions
- London & Lancashire Indemnity Co. of America v. DuryeaSupreme Court of Connecticut · 1955
- Coit v. TracySupreme Court of Connecticut · 1830
- Fulton v. HanlowCalifornia Supreme Court · 1862
- London & Lancashire Indemnity Co. of America v. DuryeaSupreme Court of Connecticut · 1955