Platt v. Brown
Supreme Court of Connecticut
Action on the case for a false warranty and deceit in the sale of a horse, the consideration of the sale alleged in the declaration being the payment of fifty dollars in cash and a conveyance of a tract of land situated in the state of New York.
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Action on the case for a false warranty and deceit in the sale of a horse, the consideration of the sale alleged in the declaration being the payment of fifty dollars in cash and a conveyance of a tract of land situated in the state of New York. The case was tried to the jury on the general issue, before Carpenter, J. On the.trial the plaintiff, for the purpose of proving the conveyance of the land to the defendant, offered in evidence three deeds of the land, the first a conveyance by the comptroller of the state of New York to Josiah Platt, under a sale for the .payment of taxes, the second…
1Opinion of the Court
Hinman, O. J.
We think the ruling of the court below was correct in admitting in evidence the quit-claim deeds of the land in New York for the purpose of proving a transfer of the land to the defendant. In Jackson v. Fish, 10 Johns., 456, it was held that the words “ remise, release, and forever quitclaim,” which were the operative words used in those instruments, will raise a use by way-of bargain and sale, which by force of the statute of uses becomes operative to pass the title. It was claimed that this could not be so since the revision of the New York statutes, because by those statutes…
2Cases cited2 opinions
- Linsley v. BushnellSupreme Court of Connecticut · 1842
- Jackson ex dem. Salisbury v. FishNew York Supreme Court · 1813
3Cited by14 opinions
- Maisenbacker v. Society ConcordiaSupreme Court of Connecticut · 1899
- Laughlin v. HopkinsonIllinois Supreme Court · 1920
- Pegram v. StortzWest Virginia Supreme Court · 1888
- Fay v. ParkerSupreme Court of New Hampshire · 1872
- Kelly v. RogersSupreme Court of Minnesota · 1874
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