Shelton v. Alcox
Supreme Court of Connecticut
This was an action of trespass quare clausum fregit, brought originally before a justice of the peace. The defendants pleaded title to the locus in quo in Mark Alcox, and that the alleged trespasses were committed by his order. The cause was thereupon removed to the county court; and from thence it was appealed, by the plaintiff, to the superior court.
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This was an action of trespass quare clausum fregit, brought originally before a justice of the peace. The defendants pleaded title to the locus in quo in Mark Alcox, and that the alleged trespasses were committed by his order. The cause was thereupon removed to the county court; and from thence it was appealed, by the plaintiff, to the superior court. On the trial of the cause at Litchfield, August term, 1835, the plaintiff claimed title to the land in controversy under Chloe, Polly, and Hetty M. Shelton, and the defendants under Mark Alcox. It appeared, that on the 20th of March, 1830, Mark…
1Opinion of the Court
Williams, Ch. J.
The defendants rely upon the general doctrine of the books, that arbitrators cannot transfer or decide upon the title of real estate. Arbitrators cannot make an award of a freehold ; (1 Roll. Abr. 242. l. 10.) even though the submission be by deed. Nor have they authority to meddle with the title of land only, but such award is void. Coxall v. Sharpe, 1 Keb. 937. Nor can partition be made, by an award ; for a freehold cannot pass without livery. 1 Roll. Abr. 242. l. 16. Nor can the interest in an estate for years be transferred, by an award ; for it is a chattel real. 1 Roll.…
2Cases cited7 opinions
- Boorman v. JenkinsNew York Supreme Court · 1834
- Hubbard v. NortonSupreme Court of Connecticut · 1835
- Jackson ex dem. Nellis v. DyslingNew York Supreme Court · 1804
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- Whitney v. HolmesMassachusetts Supreme Judicial Court · 1818
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3Cited by20 opinions
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- Franchi v. Farmholme, Inc.Supreme Court of Connecticut · 1983
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