Comstock v. Gay
Supreme Court of Connecticut
Action to recover the possession of land; brought to the Superior Court. The following facts were found by the court:— Nathan Comstock, grandfather of the plaintiff, died in 1884, seized of a farm in the town of Montville, upon which he had resided, containing about seventy-five acres. The demanded premises are a part of that farm.
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Action to recover the possession of land; brought to the Superior Court. The following facts were found by the court:— Nathan Comstock, grandfather of the plaintiff, died in 1884, seized of a farm in the town of Montville, upon which he had resided, containing about seventy-five acres. The demanded premises are a part of that farm. By his will he devised this land as follows:— “ I give unto my son, Asa Comstock, * * all my real estate not otherwise disposed of in this will, * * together with the stock and farming tools, after the decease of his mother; and should he not have heirs of his…
1Opinion of the CourtCarpenter, J.
This is an action for the possession of land. The premises were devised to Asa Comstock, the father of the plaintiff, in fee tail. After issue born the tenant in tail was advised that he owned a fee simple and thereupon he sold the land with covenants of seisin and warranty. In Comstock v. Comstock, 23 Conn., 349, this court held that Asa Comstock was a tenant in tail and that he could only convey a life estate in the property. Thereupon the parties in interest applied to the legislature, and an act was passed validating and confirming the deeds and making good the title of the grantees in…
2Cases cited4 opinions
- Smith v. PendellSupreme Court of Connecticut · 1848
- Richardson v. MonsonSupreme Court of Connecticut · 1854
- Linsley v. HubbardSupreme Court of Connecticut · 1876
- Comstock v. ComstockSupreme Court of Connecticut · 1854
3Cited by7 opinions
- Anderson v. WilkinsSupreme Court of North Carolina · 1906
- St. John v. DannSupreme Court of Connecticut · 1895
- Anderson v. . WilkinsSupreme Court of North Carolina · 1906
- Green v. EdwardsSupreme Court of Rhode Island · 1910
- Love v. McDonaldSupreme Court of Arkansas · 1941
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