Plumb v. Sawyer
Supreme Court of Connecticut
This was an action of ejectment, tried before the superior court for Middlesex county, at the February term, 1851. The plaintiff claimed title to the demanded premises, by virtue of the levy of an execution. They were conveyed to the defendant’s wife, Eunice Sawyer, in fee, on the 15th day of March, 1836. She is still living, and has issue of her marriage with the defendant.
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This was an action of ejectment, tried before the superior court for Middlesex county, at the February term, 1851. The plaintiff claimed title to the demanded premises, by virtue of the levy of an execution. They were conveyed to the defendant’s wife, Eunice Sawyer, in fee, on the 15th day of March, 1836. She is still living, and has issue of her marriage with the defendant. The plaintiff attached the defendant’s interest therein, on the 15th day of August, 1849, and having recovered judgment in his suit against the defendant, caused his interest in the premises to be set off upon an…
1Opinion of the CourtWaite, J.
The lands in question having been conveyed to the defendant’s wife, by whom he had issue, he became thereby vested with a life estate, as tenant by the curtesy initiate. This estate was one which he could convey by deed, and which could be levied upon and taken by execution. Starr v. Pease & al. 8 Conn. R. 541. Watson & ux. v. Watson, 10 Conn. R. 77.
These principles, aside from the statute of 1850, (a) are not denied. But it is insisted, that by virtue of that statute, as the lands were conveyed to the wife, during her coverture, in consideration of money and other property acquired by her…
2Cited by16 opinions
- State v. RommeSupreme Court of Connecticut · 1919
- City of Middletown v. N. Y., N. H. H. R. R. Co.Supreme Court of Connecticut · 1893
- Mechanics' & Farmers' Bank of Albany: Appeal from ProbateSupreme Court of Connecticut · 1862
- McCarthy v. Havis & PerrySupreme Court of Florida · 1887
- British America Assurance Co. v. Colorado & Southern Railway Co.Supreme Court of Colorado · 1912
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