Legal Opinion

Strong v. Birchard

Supreme Court of Connecticut

Decided July 15, 1824PublishedCited by 13 opinions

This was an action of ejectment; tried, on the general issue, closed to the court, at New-London, October term, 1823, before Peters. J. The defendant in possession claimed title by virtue of the levy of an execution in favour of George W. Gordon against Benjamin Ide, and sundry intermediate conveyances from Gordon to him.

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This was an action of ejectment; tried, on the general issue, closed to the court, at New-London, October term, 1823, before Peters. J. The defendant in possession claimed title by virtue of the levy of an execution in favour of George W. Gordon against Benjamin Ide, and sundry intermediate conveyances from Gordon to him. The plaintiff claimed title, by virtue of a mortgage deed from Ide to him. executed on the 24th of February, 1820 and recorded on the 9th of May, 1820. Gordon brought his action against Ide, attaching the demanded premises ; it covered judgment before the superior court, on…

1Opinion of the Court

Hosmer, Ch, J.

The title of the defendant, by the levy of execution on the estate of Ide, and successive conveyances, is valid, if by the term months in the statute, is meant calendar months, and not lunar ; and if a person, under overseer, may appoint an appraiser, without his approval.

In England, a month in law generally is considered a lunar month, or twenty-eight days; because it is a uniform period, and because it falls, naturally, into a quarterly division by weeks. Rex v. Peckham, Carth. 406. Rex v. Adderly, Doug. 462. Lacon & al. v. Hooper & al. 6 Term Rep. 224. 226. Castle & al. v.…

2Cases cited3 opinions

  1. Chalker v. ChalkerSupreme Court of Connecticut · 1814
  2. Prince v. SmithMassachusetts Supreme Judicial Court · 1808
  3. Johnson v. StanleySupreme Court of Connecticut · 1791

3Cited by13 opinions

  1. Kelley Property Development, Inc. v. Town of LebanonSupreme Court of Connecticut · 1993
  2. Sprague v. NorwayCalifornia Supreme Court · 1866
  3. Gross v. FowlerCalifornia Supreme Court · 1863
  4. Krajniak v. WilsonSupreme Court of Connecticut · 1968
  5. Dunn v. FlynnSupreme Court of Connecticut · 1928

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