Whittlesey v. Starr
Supreme Court of Connecticut
This was an action of trespass quare clausum fregit; tried at Fairfield, December term, 1829, before Williams, J. Both parties claimed title to the land in question as formerly the property of Sylvanus Starr.
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This was an action of trespass quare clausum fregit; tried at Fairfield, December term, 1829, before Williams, J. Both parties claimed title to the land in question as formerly the property of Sylvanus Starr. The defendant claimed by a mortgage deed from him, dated the 27th of January 1823, and by a release deed, dated the 9th of April 1824. The plaintiff claimed, that on the 27th of January 1823, before the execution of the defendant’s deed, he attached the premises ; and having obtained execution on a judgment in such suit, he had it levied on the premises, which were set off to him, on the…
1Opinion of the Court
Hosmer, Ch. J.
The controversy in this case relates solely to the plaintiff’s title.
An execution in favour of the plaintiff, both the parties to it being inhabitants of Danbury, where the locus in quo is situated, was levied on the land in question ; and the officer states in his return, that the appraisers were appointed by the next justice of the peace, “that could by law judge between the parties.”
It is admitted, and is undeniable, that the justice, when exercising the above act of appointment, must have dwelt in the town wherein the plaintiff or defendant dwells, unless there is no justice…
2Cases cited1 opinion
- Booth v. BoothSupreme Court of Connecticut · 1829
3Cited by3 opinions
- Aultman, Miller & Co. v. McGradySupreme Court of Iowa · 1882
- State ex rel. Rosenblatt v. StillMissouri Court of Appeals · 1881
- Cross v. BrownSupreme Court of New Hampshire · 1860