Fitch v. Chapman
Supreme Court of Connecticut
This was an action of ejectment; tried at New-London, September term, 1832, before Bissell, J. The plaintiff claimed title, by virtue of the levy of an execution on the demanded premises, as the property of one John Chapman.
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This was an action of ejectment; tried at New-London, September term, 1832, before Bissell, J. The plaintiff claimed title, by virtue of the levy of an execution on the demanded premises, as the property of one John Chapman. James Smedley was the former owner ; and the plaintiff, to prove title in John Chapman, offered a deed, executed and delivered to him, by Ebenezer Learned, Esq., as the attorney of Smedley, dated the 10th of November, 1825. The defendant also exhibited a mortgage deed of the same land, bearing the same date, by Jason Chapman, the defendant, to Smedley, to secure a note…
1Opinion of the CourtWilliams, J.
The plaintiff having levied his executions upon the land as the property of John Chapman, it is admitted, that the proceedings are regular, and he has a right to recover, if the title was in John Chapman. That this title was in him, and remained in him, unless defeated, by the mortgage to Smedley, and the subsequent release to the defendant, is also clearly shewn. But if the debt was paid before the law-day, the legal title was, by that payment, revested in John, and a release from Smedley could have no effect. The defendant claims, that this payment never was made by John, but by him, the…
2Cases cited2 opinions
- Beers v. HawleySupreme Court of Connecticut · 1818
- Norton v. PettiboneSupreme Court of Connecticut · 1829
3Cited by15 opinions
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