Merrill v. Meachum
Supreme Court of Connecticut
MOTION fur a now trial. This was an aciiim of didst isin for a certain pared of iainl hi Ncw-Harlford, v On the trial of this cause, before the Superior Court, the plaintiff claimed title í(> ii.o ’¡and in quest ion, by virtue of the levy of an execution, issued upon a judgment in his favour, against one Eliphalet Ensign. The levy was admitted to have been regularly made, and completed.
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MOTION fur a now trial. This was an aciiim of didst isin for a certain pared of iainl hi Ncw-Harlford, v On the trial of this cause, before the Superior Court, the plaintiff claimed title í(> ii.o ’¡and in quest ion, by virtue of the levy of an execution, issued upon a judgment in his favour, against one Eliphalet Ensign. The levy was admitted to have been regularly made, and completed. The defendant claimed the right to hold the land, by virtue of a deed from Ensign, dated the 13th day of February, 1797 : And it was admitted, that the deed v.as"duly executed, and that it contained the land…
1Opinion of the CourtBaldwin, J.
The first point presented by this record, is, the admissibility of the declarations of Ensign, the grantor, made at the time he executed the deed.
*345Ensign is not a party on tills record, ansi being tire grantor, • >o ⅛ not an admissible witness. That lie executed the deed hi question, is admil ted. The ch.iracier of that u-an-uction, whether done fraudulently, with a view to defeat the claims of creditors, or not, is a question of fact. Such a tact may often be proved from other sources, but seldom more clearly, than by the declarations of the grantor accompanying the transfer. They coi-Hli.ute…
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- Wadsworth v. MarshSupreme Court of Connecticut · 1833
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