Hillhouse v. Chester
U.S. Circuit Court for the District of Connecticut
MOTION for a new trial. This was an action of ejectment for a valuable real , , -,⅝-estate in Montville. At the trial, the genera! issue being pleaded, the jury, pursuant to the direction of the court, found a verdict for the defendant. * The plaintiff moved for a new trial.
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MOTION for a new trial. This was an action of ejectment for a valuable real , , -,⅝-estate in Montville. At the trial, the genera! issue being pleaded, the jury, pursuant to the direction of the court, found a verdict for the defendant. * The plaintiff moved for a new trial. The case, as it appeared at the trial, and as stated in the motion, was as follows-; The Rev. Jamen Hillhouse, being seised of the premises, died in 1740, leaving two sons, of whom the plaintiff is one, and a daughter, Rachel. The premises were set off to her, as her share of her father’s estate. In 1753 she -was married…
1Opinion of the Court
By the Court.
The statute of distributions, which was in force in this state, at the death of Rachel, places the real property of a person who died intestate upon the same footing as personal: that is to say, both kinds of estate were to be distributed to the same persons, without any regard to the maxim seisina facit stifiitem. The claim, therefore, of the plaintiff to the land in ques-*211lion, on the ground that she was the person last ae-tually seised, as next of kin to her, fails; for on Rachel’s death, who left issue Mary Chester, her only child, the lands descended to said Mary, and she…
2Cited by11 opinions
- Kelly's Heirs v. McGuireSupreme Court of Arkansas · 1855
- Baskin's Appeal from ProbateSupreme Court of Connecticut · 1984
- Bush v. BradleySupreme Court of Connecticut · 1810
- Crawford v. Linn CountyOregon Supreme Court · 1884
- Campbell's Appeal from ProbateSupreme Court of Connecticut · 1894
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