Newberry v. Bulkley
Supreme Court of Connecticut
MOTION for a new trial. This was an action of disseisin for five-sixth parts of a certain parcel of land in Middletown. The cause was tried before the Superior Court, on the plea of wo mrotig or disseisin : and the jury returned a verdict in favour of the plaintiff. The plaintiff claimed title to the demanded premises, by virtue of the levy of an execution.
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MOTION for a new trial. This was an action of disseisin for five-sixth parts of a certain parcel of land in Middletown. The cause was tried before the Superior Court, on the plea of wo mrotig or disseisin : and the jury returned a verdict in favour of the plaintiff. The plaintiff claimed title to the demanded premises, by virtue of the levy of an execution. The land was attached at. the suit of the plaintiff, as the property of Gershom Hulklcy, one of the defendants, on the 19th of May, 1803. The officer’s return of %e execution, which issued upon final judgment in the cause, after stating a…
1Opinion of the CourtBrainard, J.
(After stating the case.) The question in the present case, is, whether the deed of Oershom Jiulkln/, in connection with the defeasance, is good, as a mortgage, or fraudulent ? If it is valid, the levying creditor is postponed, and will take only the equity of redemption.
In deciding this question, it is necessary to ascertain the true character of this transaction. The idea of a secret trust, I apprehend, never entered the minds of the parties. It does not compare with the case of a trust; a mere personal confidence, not contemplated as a thing to be enforced, and which the pure principies of…
2Cited by2 opinions
- Ives v. StoneSupreme Court of Connecticut · 1884
- Sparrow v. SmithSupreme Court of Connecticut · 1823