Talcott v. Goodwin
U.S. Circuit Court for the District of Connecticut
THIS was an action of ejectment, The defendant pleaded the general issue. On the trial, the plaintiff, to show title in himself as assignee, 1 after having proved the commission and assignment, offered in evidence a copy of a deed from the records 0f tiie town of Hartford, duly certified by the town J J clerk, from George Bull to the bankrupt, conveying the demanded premises.
Read the full summary
THIS was an action of ejectment, The defendant pleaded the general issue. On the trial, the plaintiff, to show title in himself as assignee, 1 after having proved the commission and assignment, offered in evidence a copy of a deed from the records 0f tiie town of Hartford, duly certified by the town J J clerk, from George Bull to the bankrupt, conveying the demanded premises. The plaintiff, at the same time, proved, by one of the commissioners, and their secretary, that the original deed was not delivered to the commissioners by the: bankrupt, nor to the plaintiff by the commissioners. It…
1Opinion of the Court
By the Court.
It is a well known rule in real actions, that the plaintiff must recover by the strength of his own title, and not by the weakness of the defendant’s. When he claims by a deed of feoffment, it is necessary for him to produce on trial the original instrument, and prove the execution and recording in the manner required by law; unless he can show it has been lost or. destroyed by time or accident, or that it is in the possession of the defendant, or some Other person out of his reach and control. But when it becomes necessary to trace a title through sundry prior conveyances, then,…
2Cited by3 opinions
- Cahill v. CahillSupreme Court of Connecticut · 1903
- Belden v. LambSupreme Court of Connecticut · 1846
- Tingley v. CutlerSupreme Court of Connecticut · 1828