Sparrow v. Smith
Supreme Court of Connecticut
This was an action of ejectment; tried at New-London, January term, 1822, before Hosmer, Ch. J. The plaintiff claimed title to the demanded premises, by the levy of an execution against the defendant, on the 3rd of February, 1821. The defendant claimed, that the title was, at that time, in Simeon Smith, his father, by an absolute deed from him, the defendant, dated the 11th of January, 1820, with warranty, and for the consideration actually paid of 1500 dollars.
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This was an action of ejectment; tried at New-London, January term, 1822, before Hosmer, Ch. J. The plaintiff claimed title to the demanded premises, by the levy of an execution against the defendant, on the 3rd of February, 1821. The defendant claimed, that the title was, at that time, in Simeon Smith, his father, by an absolute deed from him, the defendant, dated the 11th of January, 1820, with warranty, and for the consideration actually paid of 1500 dollars. The plaintiff contended, that this deed was fraudulent, on the ground that no consideration was paid by the grantee, at the time of…
1Opinion of the Court
Hosmer, Ch. J.
The question of fraud, in this case, was duly submitted to the jury; and from their verdict, it must be inferred, that the transaction between the parties, was not fraudulent. This, of consequence, leaves two points, for the determination of the court. 1. Did the deed in question take effect, from the time when it was put into the hands of the defendant’s brother, or from the delivery of it to the grantee. And 2. if the latter be the fact, was it legally valid ?
Assuming the facts stated in the motion, as we certainly ought to do, unless we invert the legal presumption, that the…
2Cases cited3 opinions
- Cone v. TracySupreme Court of Connecticut · 1792
- Hannah v. WadsworthSupreme Court of Connecticut · 1792
- Newberry v. BulkleySupreme Court of Connecticut · 1812
3Cited by3 opinions
- Maynard v. MaynardMassachusetts Supreme Judicial Court · 1813
- Belden v. SeymourSupreme Court of Connecticut · 1831
- Campbell v. ThomasWisconsin Supreme Court · 1877