Legal Opinion

Belden v. Seymour

Supreme Court of Connecticut

Decided June 15, 1831PublishedCited by 47 opinions

A new trial having been granted, pursuant to the opinion of this Court, ante 19—34., the cause was tried again, on the same issue, at Hartford, September term, 1830, before Hosmer, Ch. J. The plaintiff having exhibited in evidence the deed of the defendants to him, dated the 17th of March, 1812, (recited ante, 20.) to shew a breach of the covenant of seisin in that deed, offered to read in evidence, a copy, duly authenticated, of the record of a judgment of the superior…

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A new trial having been granted, pursuant to the opinion of this Court, ante 19—34., the cause was tried again, on the same issue, at Hartford, September term, 1830, before Hosmer, Ch. J. The plaintiff having exhibited in evidence the deed of the defendants to him, dated the 17th of March, 1812, (recited ante, 20.) to shew a breach of the covenant of seisin in that deed, offered to read in evidence, a copy, duly authenticated, of the record of a judgment of the superior court, rendered on the fourth Tuesday of September, 1827, in favour of John M. Chenevard, against William Thompson and…

1Opinion of the CourtDaggett, J.

1 think the record offered in evidence by the plaintiff, ought to have been admitted. The law, in Connecticut, has always been understood to be, that when the grantee, or any tenant was sued in ejectment, for all or any part of the land conveyed, and a title to which was warranted to him, by the covenants in a deed, he might vouch or summon his warrantor to appear and defend the title. This is effected, by a citation, signed by a magistrate, served and returned to court, and thus to become part of the files of the court. The person vouched in, by this process, might appear or not, at his…

2Cases cited9 opinions

  1. Chirac v. ReinickerSupreme Court of the United States · 1826
  2. Betts v. StarrSupreme Court of Connecticut · 1825
  3. Smith v. SherwoodSupreme Court of Connecticut · 1822
  4. Hatch v. StraightSupreme Court of Connecticut · 1819
  5. Goddard v. SeldenSupreme Court of Connecticut · 1829

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3Cited by47 opinions

  1. Bever v. NorthIndiana Supreme Court · 1886
  2. Gosselin v. Better Homes, Inc.Supreme Judicial Court of Maine · 1969
  3. Peck v. VandenbergCalifornia Supreme Court · 1866
  4. Arthur v. ArthurNew York Supreme Court · 1850
  5. Collins v. TillouSupreme Court of Connecticut · 1857

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