Whittlesey v. Fuller
Supreme Court of Connecticut
This was a bill for the foreclosure of two pieces of land. On the 14th of September, 1818, Clark Hatch and two others, for the consideration of 2000 dollars, received of David Geer, conveyed to him and his wife Cynthia Geer, one of the pieces of land described in the bill. David Geer, at the same time, was the sole owner of the other piece.
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This was a bill for the foreclosure of two pieces of land. On the 14th of September, 1818, Clark Hatch and two others, for the consideration of 2000 dollars, received of David Geer, conveyed to him and his wife Cynthia Geer, one of the pieces of land described in the bill. David Geer, at the same time, was the sole owner of the other piece. On the 30th of January, 1823, David Geer conveyed one half of all the premises described in the bill to the plaintiff, to secure certain claims, by a deed, duly recorded, containing the usual covenants. On the 6th of July, 1829, he and Cynthia, his wife,…
1Opinion of the Court
Williams, Ch. J.
That the legal title to all the land, which was the sole property of David Geer, passed to the plaintiff, by the deed of Geer, cannot be doubted. Neither is there any doubt, that an interest of some kind in the property conveyed to Geer and his wife, also passed. What the ultimate effect of a decree of foreclosure upon that property would be, the parties are desirous now to ascertain, with reference to the question of redemption : for, if Geer, by his deed, conveyed nothing in the estate granted to him and his wife, those who claim under a deed from both, might not think it an…
2Cases cited2 opinions
- Phelps v. JepsonConnecticut Superior Court · 1769
- Sanford v. ButtonSupreme Court of Connecticut · 1810
3Cited by20 opinions
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- Witzel v. WitzelWyoming Supreme Court · 1963
- Town of Corinth v. EmerySupreme Court of Vermont · 1891
- Turlington v. LucasSupreme Court of North Carolina · 1923
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