White v. Bailey
Supreme Court of Connecticut
IN ERROR. This was a complaint, brought by William R. White, against David Bailey, as his lessee, before John 8. Blackman, Esq., a justice of the peace, upon the statute “ prescribing a summary process to enable the owners of lands, houses or other buildings to recover possession.”
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IN ERROR. This was a complaint, brought by William R. White, against David Bailey, as his lessee, before John 8. Blackman, Esq., a justice of the peace, upon the statute “ prescribing a summary process to enable the owners of lands, houses or other buildings to recover possession.” To this complaint the defendant pleaded six pleas: 1st, Not guilty. 2nd, That the plaintiff did not execute the lease or give notice ; and that the defendant did not hold over after the expiration of the pretended lease. 3rd, That, when the pretended lease was made, the premises were the proper estate of the…
1Opinion of the Court
Williams, Ch. J.
The first ground has not been much relied on, unless it be claimed, that a lease must be in writing, which question was not made. There seems no question at *275all, except as to the weight of evidence — a question for the jury, and not to be reviewed.-.in this way. And the second-question seems to be of the same character. Upon the facts before the jury, was this deed delivered as an escrow, or conditionally?
If it had been delivered to the lessee, as matter of law, it must have been absolute ; but being delivered to a third person; the character of that delivery must depend upon…
2Cases cited5 opinions
- Wheelwright v. WheelwrightMassachusetts Supreme Judicial Court · 1807
- Clark v. GiffordNew York Supreme Court · 1833
- Du Bouchet v. WhartonSupreme Court of Connecticut · 1838
- Newell v. RobertsSupreme Court of Connecticut · 1839
- Lamb v. BeebeSupreme Court of Connecticut · 1834
3Cited by11 opinions
- Jo-Mark Sand & Gravel Co. v. PantanellaSupreme Court of Connecticut · 1953
- Porter v. RummeryMassachusetts Supreme Judicial Court · 1813
- Lorch v. PageSupreme Court of Connecticut · 1921
- Hillhouse v. PrattSupreme Court of Connecticut · 1901
- Housing Authority v. JonesConnecticut Appellate Court · 1968
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