Murray v. Klinzing
Supreme Court of Connecticut
Action for unlawful entry upon land of the plaintiff and tearing down his fence; brought originally before a justice of the peace and thence by the plaintiff’s appeal to the Court of Common Pleas in Fairfield County where the court, Curtis, J., rendered judgment for the defendant and the plaintiff appealed to this court.
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Action for unlawful entry upon land of the plaintiff and tearing down his fence; brought originally before a justice of the peace and thence by the plaintiff’s appeal to the Court of Common Pleas in Fairfield County where the court, Curtis, J., rendered judgment for the defendant and the plaintiff appealed to this court. The defendant admitted entering upon, the land described in the complaint, but alleged that he did so as the servant and by the direction of The Danbury & Bethel Horse Railway Company, and that said company had the right to enter upon the same. The other paragraphs of his…
1Opinion of the CourtAndrews, C. J.
Most of the questions raised at the trial by the plaintiff’s counsel are settled by the finding of facts. Only two remain for this court to examine. The first of these is whether the writing in of the consideration in the *85deed of April 5th, 1888, was a material alteration which rendered that deed void.
Every deed which is effectual to convey land must be upon consideration. Thus it is stated in Blackstone’s Commentaries, Yol. 2, at page 296, where the requisites of a deed are mentioned:—“Secondly, the deed must be founded upon good and sufficient consideration. * * * A deed also, or other…
2Cases cited4 opinions
- Belden v. SeymourSupreme Court of Connecticut · 1831
- Field v. StaggSupreme Court of Missouri · 1873
- Devin v. HimerSupreme Court of Iowa · 1870
- Vose v. DolanMassachusetts Supreme Judicial Court · 1871
3Cited by4 opinions
- Horace Case v. Arthur E. MorrisetteCourt of Appeals for the D.C. Circuit · 1973
- Andrews v. New Britain National BankSupreme Court of Connecticut · 1931
- Mexican Crude Rubber Co. v. AckleySupreme Court of Florida · 1931
- Foxworthy v. ColbyNebraska Supreme Court · 1902