Chapin v. Pease
Supreme Court of Connecticut
This was an action of ejectment; tried at Hartford, February term,. 1833, before Daggett, Ch. J. Both parties claimed title to the premises under Barnabas Pease; the plaintiff, by the levy of an execution, on the 12th of December, 1829 ; the defendant, by a deed from Barnabas Pease to him, dated the 21st of October, 1828. The levy of the plaintiffs execution was admitted to be correct; and the controversy turned on the validity of the defendant’s prior deed.
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This was an action of ejectment; tried at Hartford, February term,. 1833, before Daggett, Ch. J. Both parties claimed title to the premises under Barnabas Pease; the plaintiff, by the levy of an execution, on the 12th of December, 1829 ; the defendant, by a deed from Barnabas Pease to him, dated the 21st of October, 1828. The levy of the plaintiffs execution was admitted to be correct; and the controversy turned on the validity of the defendant’s prior deed. The plaintiff claimed, that this deed was executed without consideration, and was fraudulent and void as to the creditors of the grantor…
1Opinion of the CourtBissell, J.
The first question arises upon the correctness of the charge. And here it should be remarked, that it stands admitted on the motion, that the conveyance from Barnabas Pease to Moses Pease, the defendant, was entirely voluntary. This, in connexion with the fact of Barnabas Pease’s insolvency and the claims of the conflicting parties, is to be taken into view, in considering this question. If this be done, it seems to me, that the charge is sustainable, upon the plainest and most obvious principles.
The conveyance from the defendant to Barnabas Pease, in *731817, being intended to defraud the…
2Cases cited4 opinions
- Sexton v. WheatonSupreme Court of the United States · 1823
- Drinkwater v. DrinkwaterMassachusetts Supreme Judicial Court · 1808
- Benton v. JonesSupreme Court of Connecticut · 1830
- Parker v. ProctorMassachusetts Supreme Judicial Court · 1812
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- Carithers v. WeaverSupreme Court of Kansas · 1871
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