Linsley v. Brown
Supreme Court of Connecticut
This was an action of ejectment; tried at New-Haven, October term, 1838, before Williams, Ck. J. On the trial, the plaintiff, in support of his title, exhibited a deed, purporting to be duly executed and acknowledged by the defendant, and her husband, then living, but since deceased ; and to prove the execution of the deed, by the defendant, the plaintiff called one of the subscribing witnesses, who testified, that he saw the deed signed by the husband, with his own name,…
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This was an action of ejectment; tried at New-Haven, October term, 1838, before Williams, Ck. J. On the trial, the plaintiff, in support of his title, exhibited a deed, purporting to be duly executed and acknowledged by the defendant, and her husband, then living, but since deceased ; and to prove the execution of the deed, by the defendant, the plaintiff called one of the subscribing witnesses, who testified, that he saw the deed signed by the husband, with his own name, and that then, at the request and by direction of the defendant, his wife, he put her name to the deed ; after which they…
1Opinion of the CourtHuntington, J.
The motion states, that the name of the defendant subscribed to the deed under which the plaintiff claims title, was written wholly by her husband, in her presence and by her direction, without any manual acton her part, and that she then acknowledged the instrument to be her free act and deed, in the usual form of such acknowledgments in this state.
The case presents two questions for our determination. 1. Was this deed duly executed according to the requirements of the statute ? 2. Is the defendant estopped, by her acknowledgment, from claiming that the deed was not her own act ?
1. By an act…
2Cases cited4 opinions
- Wilkinson v. LelandSupreme Court of the United States · 1829
- Stow v. WyseSupreme Court of Connecticut · 1828
- Stone v. StevensSupreme Court of Connecticut · 1837
- Phelps v. RileySupreme Court of Connecticut · 1820
3Cited by6 opinions
- State v. SpringerSupreme Court of Connecticut · 1962
- Neptune Park Assn. v. SteinbergSupreme Court of Connecticut · 1951
- Slack v. StateCourt of Criminal Appeals of Texas · 1911
- Town of Southington v. Southington Water Co.Supreme Court of Connecticut · 1908
- Mutual Benefit Life Insurance v. BrownNew Jersey Court of Chancery · 1878
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