Legal Opinion

Barrett v. French

Supreme Court of Connecticut

Decided June 15, 1815PublishedCited by 20 opinions

THIS was an action of ejectment for a tract of land in Southbury. The cause was tried at New-Haven, at an adjourned term in February 1815, before Trumbull, Baldwin and Ingersoll, Js. On the trial, the plaintiffs claimed title to the land in question, in right of the wife, as a child and heir at law of Anna French. The defendants, who were also children of Anna French, claimed under a deed from her and her husband William French.

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THIS was an action of ejectment for a tract of land in Southbury. The cause was tried at New-Haven, at an adjourned term in February 1815, before Trumbull, Baldwin and Ingersoll, Js. On the trial, the plaintiffs claimed title to the land in question, in right of the wife, as a child and heir at law of Anna French. The defendants, who were also children of Anna French, claimed under a deed from her and her husband William French. This deed, in consideration of love and good will, purported to give, grant and confirm to the defendants, and to their heirs and assigns forever, the land in…

1Opinion of the Court

Swift, Ch. J.

In this case, the plaintiffs claimed as heir at law, in right of the wife, to Anna French ; and the defendants claimed by deed from said Anna and her husband William French. The deed is in usual form, with a reservation of the use of the land to the grantors during their natural lives. It is contended, that this is an attempt to create a freehold estate to commence in futuro, and that the deed is void.

But this mode of conveyance has been practised in this state from a period beyond memory ;(1) and no inconvenience *363has resulted from it. This constant and immemorial usage is…

2Cases cited1 opinion

  1. Wallis v. WallisMassachusetts Supreme Judicial Court · 1808

3Cited by20 opinions

  1. Pettibone v. PhelpsSupreme Court of Connecticut · 1840
  2. Ziulkowski v. KolodziejSupreme Court of Connecticut · 1934
  3. Kline v. KlineArizona Supreme Court · 1912
  4. Partelo v. HarrisSupreme Court of Connecticut · 1857
  5. McDowell v. GoldsmithCourt of Appeals of Maryland · 1854

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