Fish v. Sawyer
Supreme Court of Connecticut
This was an action of debt on judgment. The defendant pleaded in bar, that on the judgment mentioned in the declaration a lawful execution was issued, which, while in force, was paid and satisfied to the plaintiff, by being levied on real estate as of the defendant, which was set off, by the officer to whom it was directed, to the execution creditor, in full payment of the debt and costs ; and that such execution, with the officer’s proceedings thereon, was recorded in the…
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This was an action of debt on judgment. The defendant pleaded in bar, that on the judgment mentioned in the declaration a lawful execution was issued, which, while in force, was paid and satisfied to the plaintiff, by being levied on real estate as of the defendant, which was set off, by the officer to whom it was directed, to the execution creditor, in full payment of the debt and costs ; and that such execution, with the officer’s proceedings thereon, was recorded in the records of the town wherein the estate levied on lies, and returned to the clerk of the court satisfied. The replication…
1ConcurrenceWaite, J.
I concur in the opinion, that the deed from Mercy Sawyer was not void. That mode of conveyance has been sanctioned, by long usage, in this state. But aside from any such usage, I do not think, that upon the principles of the English common law, the deed would be inoperative. It purports to convey to the grantees, and their heirs and assigns forever, the grantor’s interest, with a reservation to the grant- *552or, of the use and improvement of it, during her life. If the reservation could not operate to retain in the grantor a life estate, it would not operate to destroy the effect of the previous…
2Cases cited1 opinion
- Clark v. SmithSupreme Court of Connecticut · 1832