Belden v. Carter
Supreme Court of Connecticut
MOTION for a new trial. This was an action of ejectment for five sixth parts of J eight several tracts of land, lately the property of Jcrc~ ' , , , . wan HogabQQffl, deceased. The defendant pleaded the general issue. On the trial, the plaintiffs claimed title as heirs at law of Hogaboom; the defendant, in right of his wife, who was Pamela, Griffin, as devisee and grantee.
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MOTION for a new trial. This was an action of ejectment for five sixth parts of J eight several tracts of land, lately the property of Jcrc~ ' , , , . wan HogabQQffl, deceased. The defendant pleaded the general issue. On the trial, the plaintiffs claimed title as heirs at law of Hogaboom; the defendant, in right of his wife, who was Pamela, Griffin, as devisee and grantee. It appeared, that'by a will duly executed and attested, dated the Sth of January, 1802, which, was afterwards proved and approved, Hogaboom devised these tracts of land to Fame-la- On the 3d of December, 1802, he procured…
1Opinion of the Court
By the Court.
It is unnecessary to decide the question respecting the revocation of the will, as the court are of opinion that the defendant has a good title under the deed.
The grantor delivered the deed to Wright, with a reservation of a power to countermand it; but this makes no diffe rence; for it was in the nature of a testamentary disposition of real estate, and was revocable by the grant- or during his life, without an express reservation of that power.
The case, then, stands upon the same footing as if there had been no reservation of a power to countermand the deed.^i It was a delivery…
2Cited by32 opinions
- Henry v. PhillipsTexas Supreme Court · 1912
- Prutsman v. BakerWisconsin Supreme Court · 1872
- Hathaway v. . PayneNew York Court of Appeals · 1865
- Thatcher v. Wardens & Vestrymen of St. Andrew's ChurchMichigan Supreme Court · 1877
- Hibberd v. SmithCalifornia Supreme Court · 1885
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