Benton v. Jones
Supreme Court of Connecticut
This was an action of trespass quare clausum fregit; tried at New-Haven, January term, 1830, before Daggett, J. The plaintiff claimed title to the land described in the declaration, by the levy of three executions thereon, in 1826 and 1828, in his favour against Noadiah Norton jun. The defendant claimed title to the land, by virtue of an absolute quit-claim deed from Norton, dated the 26th of April, 1813, to Reuben Elliott and others.
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This was an action of trespass quare clausum fregit; tried at New-Haven, January term, 1830, before Daggett, J. The plaintiff claimed title to the land described in the declaration, by the levy of three executions thereon, in 1826 and 1828, in his favour against Noadiah Norton jun. The defendant claimed title to the land, by virtue of an absolute quit-claim deed from Norton, dated the 26th of April, 1813, to Reuben Elliott and others. The plaintiff claimed to have proved, that the grantees in such deed were the creditors of Norton in several debts, amounting to the consideration mentioned in…
1Opinion of the Court
Hosmer, Ch. J.
The principle contained in the charge of the court, is, That a deed of land executed to all a person’s creditors, without any fraudulent intention, if not in satisfaction of their debts, but, by parol agreement, in security of them only, is fraudulent against subsequent bona fide creditors. To this charge two objections are made; first, that the parol evidence to prove the deed a mortgage, was inadmissible, as being incompetent; and secondly, that the deed, if voluntary, being without actual fraud, is valid against subsequent creditors.
1. In respect of the first objection, it…
2Cases cited4 opinions
- Sexton v. WheatonSupreme Court of the United States · 1823
- Hinde's Lessee v. LongworthSupreme Court of the United States · 1826
- Flint v. SheldonMassachusetts Supreme Judicial Court · 1816
- Parker v. ProctorMassachusetts Supreme Judicial Court · 1812
3Cited by15 opinions
- D.H.R. Construction Co. v. DonnellySupreme Court of Connecticut · 1980
- Horn v. Volcano Water Co.California Supreme Court · 1859
- Molitor v. MolitorSupreme Court of Connecticut · 1981
- Katz v. RichmanSupreme Court of Connecticut · 1932
- Allen v. RundleSupreme Court of Connecticut · 1882
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