Eaton v. Whitaker
Supreme Court of Connecticut
This was a bill in chancery, brought by Horace Whitaker against Giles M. Eaton, for the specific performance of an agreement. On the 1st of September, 1843, the defendant was, and ever since has been, seised and possessed, as of a freehold estate, for the life of his wife Charlotte Isabella Eaton, of a certain lot of land and a wharf appurtenant thereto, on Commerce street in the city of Norwich.
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This was a bill in chancery, brought by Horace Whitaker against Giles M. Eaton, for the specific performance of an agreement. On the 1st of September, 1843, the defendant was, and ever since has been, seised and possessed, as of a freehold estate, for the life of his wife Charlotte Isabella Eaton, of a certain lot of land and a wharf appurtenant thereto, on Commerce street in the city of Norwich. In the fall of that year, a parol agreement was entered into, between the parties to this suit, that the defendant should erect upon said lot land a substantial brick store, suitable for the grocery…
1Opinion of the CourtHinman, J.
In order to show that the decree of the superior court is erroneous, the defendant relies, first, upon the fact found by the committee, that the estate which was the subject matter of the agreement, belonged to the defendant’s wife, he having in her right an estate during coverture, or at most, only a life estate in it. And the claim is, that a husband has no power to lease for a term of years the estate of his wife ; and therefore, ought not to be compelled specifically to perform his agreement to lease it; and we are referred to the case of Annan v. Merritt, 13 Conn. R. 457. as supporting…
2Cited by30 opinions
- Glazer v. Dress Barn, Inc.Supreme Court of Connecticut · 2005
- Santoro v. MackSupreme Court of Connecticut · 1929
- Reno Club, Inc. v. Young Investment Co.Nevada Supreme Court · 1947
- Blakeslee v. Board of Water CommissionersSupreme Court of Connecticut · 1936
- Andrew v. BabcockSupreme Court of Connecticut · 1893
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