Marcy v. Kinney
Supreme Court of Connecticut
This was an action of ejectment, brought by Calvin Marcy against Eleazer Kinney and hisjwo sons, Paul and Elijah Kinney. The cause was tried, on the general issue, at Tolland, Oc-⅛ tober term, 1831, before Hosmer, Ch. J. The plaintiff claimed title by the levy of an execution in his favour against Eleazer Kinney, one of the defendants ; and offered in evidence the judgment and execution, with the officer’s return thereon.
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This was an action of ejectment, brought by Calvin Marcy against Eleazer Kinney and hisjwo sons, Paul and Elijah Kinney. The cause was tried, on the general issue, at Tolland, Oc-⅛ tober term, 1831, before Hosmer, Ch. J. The plaintiff claimed title by the levy of an execution in his favour against Eleazer Kinney, one of the defendants ; and offered in evidence the judgment and execution, with the officer’s return thereon. The defendants objected to the admission of this evidence, on the ground that the levy was void on its face. It appeared, that the appraisers appraised the whole farm, of…
1Opinion of the CourtWilliams, J.
Had the defendants, Paul and Elijah Kin ney, taken a mortgage to secure themselves against their liabil ity, as they should have done, the payment of the debt, by thi levy upon the land, would have discharged their claim : ant they ought not to be in a better situation, by taking an absoluti deed, than if it had been conditional. The very fact, that tin deed was absolute, when it was uncertain whether they woult ever pay the debt for which it was given, was strong evidence that the deed was fraudulent. It was an absolute deed, iron a father to his sons, on.the eve of an avowed insolvency,…
2Cases cited1 opinion
- Benjamin v. HathawaySupreme Court of Connecticut · 1821
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