Bailey v. Close
Supreme Court of Connecticut
Bill in equity to compel a conveyance of certain -real estate; brought to the Superior Court in Fairfield county. The facts were found hy a committee.
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Bill in equity to compel a conveyance of certain -real estate; brought to the Superior Court in Fairfield county. The facts were found hy a committee. The petitioner, on the 10th day of November, 1865, owned in fee the real estate in question, and on that .day conveyed it to the respondent Close, by a deed the material'parts of which are as follows : “ Know all men hy these presents, that whereas Emily K. Bailey, wife of Halcyon G. Bailey, of Ridgefield, in the state of Connecticut, brought her petition for divorce, which is now pending in the Superior Court for Fairfield County; and whereas…
1Opinion of the CourtPardee, J.
The expression “ any suit, Bill, or petition” found in the last part of the closing paragraph in the conveyance, separated from the accompanying words and taken by itself, is indeed general; but before we decide upon its meaning we must restore it to its place and read it in the light of the whole instrument; and by so doing we shall find that the grantor has restricted its operation by an explicit limitation, twice stated. In the preamble he sets forth distinctly that “ it is agreed between the parties, in consideration of the following conveyance, that said suit shall be withdrawn and no…
2Cases cited2 opinions
- Lyman v. ClarkMassachusetts Supreme Judicial Court · 1812
- McIntyre v. WilliamsonNew York Court of Chancery · 1831
3Cited by1 opinion
- Easterbrook v. Hebrew Ladies Orphan SocietySupreme Court of Connecticut · 1912