Solomon v. Wixon
Supreme Court of Connecticut
Trespass, qu. cl. fr. Both parties claimed title to the locus in quo and to be in lawful possession. The plaintiff claimed under a deed from the executor of Selah Gage, of South East, in the state of New York, who, it was admitted, died seized thereof in the year 1846. The defendant claimed title by a conveyance from the heirs at law of the said Selah. The land was situated in Banbury in this state.
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Trespass, qu. cl. fr. Both parties claimed title to the locus in quo and to be in lawful possession. The plaintiff claimed under a deed from the executor of Selah Gage, of South East, in the state of New York, who, it was admitted, died seized thereof in the year 1846. The defendant claimed title by a conveyance from the heirs at law of the said Selah. The land was situated in Banbury in this state. The plaintiff, on the trial upon the general issue, closed to the court, with notice of the title claimed by the defendant, offered in evidence a copy of the v/ill of Selah Gage, the part of which…
1Opinion of the CourtPark, J.
On the trial of this case in the court below, various objections were made by the defendant to the validity of a certain deed offered in evidence by the plaintiff, for the purpose of proving title in himself to the premises in dispute.
It appears that in the last will and testament of one Selah Gage, deceased, his two sons, Thomas and Levi, were named as executors, with power to sell certain real and personal estate, to pay certain legacies given in the will; and the deed in question was executed for the purpose by Levi alone, as sole executor of the will. Hence arises the controversy in the…
2Cases cited4 opinions
- Lockwood v. SturdevantSupreme Court of Connecticut · 1827
- Ayres v. WeedSupreme Court of Connecticut · 1844
- Watson v. WatsonSupreme Court of Connecticut · 1834
- Howard v. LeeSupreme Court of Connecticut · 1856
3Cited by5 opinions
- State ex rel. Abercrombie v. HoltcampSupreme Court of Missouri · 1916
- Lawrence's Appeal from ProbateSupreme Court of Connecticut · 1881
- Adams v. ReadnourCourt of Appeals of Kentucky · 1909
- Briggs v. Probate Court of WesterlySupreme Court of Rhode Island · 1901
- Marshall v. Bessemer Trust Company, N.A., No. Cv 94 0065718 (Mar. 19, 1996)Connecticut Superior Court · 1996