Webster v. Woodford
U.S. Circuit Court for the District of Connecticut
[TON for a new trial. was an action of ejectment, to recover the undivided moiety of certain lands, which the plaintiff and Timothy Webster had conveyed to Miller Fish. Upon trial of the cause, at Hartford, February term, 1808, a verdict was' found for the plaintiff.
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[TON for a new trial. was an action of ejectment, to recover the undivided moiety of certain lands, which the plaintiff and Timothy Webster had conveyed to Miller Fish. Upon trial of the cause, at Hartford, February term, 1808, a verdict was' found for the plaintiff. A motion for a new trial was then made by the defendant, and the following. reasons assigned; viz. that the court admitted the plaintiff to prove, as the sole ground of his right of recovery, that the plaintiff was a man of weak capacity, and thereby incompetent to convey estate; that the court admitted the plaintiff to go into…
1Opinion of the Court
Smith, J,,
on referring to his minutes, then stated— That on, the trial of the cause, the defendant having given in evidence two certain deeds from the plaintiff and his brother Timothy Webster, conveying all the lands in question to Miller Fish, the defendant’s counsel objected to the admission of evidence to prove the incom-peiency of the plaintiff to convey lands; because the deed, having been acknowledged before a public officer, authorized to take such acknowledgment, there could be no averment against such solemn act; and becaüse no man can be permitted to allege his own incapacity to…
2Cited by12 opinions
- Cottrell v. Connecticut Bank & Trust Co.Supreme Court of Connecticut · 1978
- Bursinger v. Bank of WatertownWisconsin Supreme Court · 1886
- Cameron v. . Power Co.Supreme Court of North Carolina · 1905
- Looby v. RedmondSupreme Court of Connecticut · 1895
- Somes v. BrewerMassachusetts Supreme Judicial Court · 1824
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