Chalker v. Chalker
Supreme Court of Connecticut
THIS was an action of disseisin, to recover certain lands specified in the declaration. Issue was joined on the plea of No wrong nor disseisin. The cause was tried at Haddam, December term, 1813, before Mitchell, Ch. J. and Trumbull and Ingersoll, Js.
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THIS was an action of disseisin, to recover certain lands specified in the declaration. Issue was joined on the plea of No wrong nor disseisin. The cause was tried at Haddam, December term, 1813, before Mitchell, Ch. J. and Trumbull and Ingersoll, Js. The defendant, in proof of title to the lands in question, produced in evidence a deed, duly executed by the plaintiff, on the 25th of October 1805, in which the plaintiff, in consideration of his love and affection for Anne, widow of his brother Stephen Chalker, deceased, and the children of said Stephen and Anne, granted and conveyed the…
1Opinion of the CourtTrumbull, J.
[After stating the case.] Upon this motion three questions are presented ; 1. Whether this appointment of the overseer was void ? 2. Whether, supposing it void, an entry on the land is by law necessary in order to revest the estate ; and whether the plaintiff by accepting said payment on said 30th day of October, hath by law waived the forfeiture to which he was entitled by the neglect of payment on the 25th, and thereby lost his right of entry and claim ? 3. Whether an entry or claim on said lands by the plaintiff was necessary, before he could sustain an action of disseisin, according to…
2Cases cited1 opinion
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