Munson v. Munson
Supreme Court of Connecticut
Bill in equity, for the removal of a cloud from the petitioner’s title to certain real estate. The facts were found by a committee. The premises in question, on the 8th of April, 1851, were owned by Cornelius Munson, and were on that day conveyed by him to the petitioner. The consideration of the conveyance was in part an indebtedness of the grantor to the petitioner, and in part a bond given by the latter for the support of the former during the remainder of his life.
Read the full summary
Bill in equity, for the removal of a cloud from the petitioner’s title to certain real estate. The facts were found by a committee. The premises in question, on the 8th of April, 1851, were owned by Cornelius Munson, and were on that day conveyed by him to the petitioner. The consideration of the conveyance was in part an indebtedness of the grantor to the petitioner, and in part a bond given by the latter for the support of the former during the remainder of his life. The support stipulated for was afterwards furnished by the- petitioner, until the 12th of April, 1857, when the petitioner…
1Opinion of the CourtEllsworth, J.
This is an application to the court for relief against an injury threatened to or impending over the petitioner’s title, from the record of a certain deed and from certain judicial proceedings; or, in other words, it is a bill quia timet.
That there is such a branch of equity jurisdiction, which may afford a preventive remedy in certain cases, will not be denied ; but the power is not exercised as a matter of course, nor under any universal rule or principle of law requiring its exercise. It is preventive, as we have said, and very much must depend upon the extent and imminence of the danger…
2Cases cited1 opinion
- Field v. HolbrookThe Superior Court of New York City · 1857
3Cited by10 opinions
- Moran v. PalmerMichigan Supreme Court · 1865
- Miles v. StrongSupreme Court of Connecticut · 1892
- Alden v. TrubeeSupreme Court of Connecticut · 1877
- Lytle v. SandefurSupreme Court of Alabama · 1890
- Rowland v. First School DistrictSupreme Court of Connecticut · 1875
5 more not listed; retrieve them via the Exa API.