Coit v. Starkweather
Supreme Court of Connecticut
This was an action of ejectment, for a tract of land in Plainfield, tried at Brooklyn, January term, 1830, before Hosmer, Ch. J. On the 15th of February 1815, Manuel Kinne, being owner in fee simple of the tract of land in controversy, executed a deed thereof to Elijah Wheedon by name, and delivered it to Elijah Wheedon, jun., who caused it to be recorded. The negotiation was between Kinne and Elijah Wheedon, jun., and the deed was intended for his benefit.
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This was an action of ejectment, for a tract of land in Plainfield, tried at Brooklyn, January term, 1830, before Hosmer, Ch. J. On the 15th of February 1815, Manuel Kinne, being owner in fee simple of the tract of land in controversy, executed a deed thereof to Elijah Wheedon by name, and delivered it to Elijah Wheedon, jun., who caused it to be recorded. The negotiation was between Kinne and Elijah Wheedon, jun., and the deed was intended for his benefit. At this time, and for some months afterwards, Elijah Wheedon jun. resided in Preston, being there known and designated, by the name of…
1Opinion of the CourtDaggett, J.
In this case, one point raised in argument, may be disposed of very readily. Did the alteration in the deed, *293after it had been executed and recorded, by inserting the word "junior,” render it valid? It is quite clear, that the alteration attempted could have no operation. If, by consent of parties, a deed, where no attestation of witnesses, nor acknowledgment before a magistrate, is required, would be good at common law, where no third person is to be affected, as it unquestionably would be, still this alteration could not have any effect. It is a positive requirement of our law, that all…
2Cases cited2 opinions
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- Allen v. StateIndiana Supreme Court · 1876
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