Sands v. Lyon
Supreme Court of Connecticut
This was an action of ejectment, to recover of the defendant the seisin and possession of one undivided seventh part of certain lands described in the declaration. The cause was tried at Danbury, October term 1845, before Storrs, J, Joshua Lyon, at the time of his death, was the owner in fee ■ simple of the estate described in the declaration.
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This was an action of ejectment, to recover of the defendant the seisin and possession of one undivided seventh part of certain lands described in the declaration. The cause was tried at Danbury, October term 1845, before Storrs, J, Joshua Lyon, at the time of his death, was the owner in fee ■ simple of the estate described in the declaration. He made his last will and testament, on the 11th of July 1837 ; and died, on the night following the 1st day of October 1841, leaving seven children and heirs at law, one of whom is Phebe Sands, one of the plaintiffs, and another is John Lyon, the…
1Opinion of the CourtStores, J.
The first question is, whether, on the facts found by the jury, there was a tender by the defendant to the plaintiff, of the amount to which the latter was entitled, or that which was equivalent. A tender is an offer to pay a debt or discharge a duty. In the case of a debt or pecuniary claim, to constitute an offer to pay it, as a general rule, the actual production of the money, and the placing it in the power of the person who is entitled to it to receive it, is requisite. But such production of it is not necessary, when it is prevented by the party entitled to it, or he expressly waives…
2Cited by33 opinions
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- Austin, Nichols Co., Inc. v. GilmanSupreme Court of Connecticut · 1923
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