Winsted Savings Bank & Building Ass'n v. Spencer
Supreme Court of Connecticut
Ejectment, tried on an issue closed to the court, (Superior Court, Litchfield County, November Term, 1856.) The plaintiffs, who were a private pecuniary corporation, claimed title under a mortgage deed from the defendant. To the admission of this deed in evidence the defendant objected, because one of the attesting witnesses, who was also the magistrate who took the acknowledgment of the same, was at the time of the execution a stockholder in the corporation.
Read the full summary
Ejectment, tried on an issue closed to the court, (Superior Court, Litchfield County, November Term, 1856.) The plaintiffs, who were a private pecuniary corporation, claimed title under a mortgage deed from the defendant. To the admission of this deed in evidence the defendant objected, because one of the attesting witnesses, who was also the magistrate who took the acknowledgment of the same, was at the time of the execution a stockholder in the corporation. The plaintiffs insisted that the deed was not invalidated thereby and that if it was, the defendant was estopped from making the claim.…
1Opinion of the CourtHinman, J.
This was an action of ejectment, tried by the court without a jury. The court was of opinion that the deed, which was the only evidence of the plaintiffs’ title to the demanded premises, and which purported to have been given by the defendant to the plaintiffs, was not properly executed; it was therefore rejected as evidence of title, and the issue therefore being found for the defendant, the question is whether this ruling was correct. We think it was. The magistrate before whom the deed was acknowledged, and who was also one of the two attesting witnesses, was, at the time of the…
2Cases cited3 opinions
- Watson v. WellsSupreme Court of Connecticut · 1825
- Curtiss v. StrongSupreme Court of Connecticut · 1809
- Smith v. ChapmanSupreme Court of Connecticut · 1822
3Cited by12 opinions
- Ogden Building & Loan Ass'n v. MenschIllinois Supreme Court · 1902
- Kothe v. Krag-Reynolds Co.Indiana Court of Appeals · 1898
- Kemery v. ZeiglerIndiana Supreme Court · 1912
- Connecticut National Bank v. LorenzatoSupreme Court of Connecticut · 1992
- Farmers Bank & Trust Co v. FudgeSupreme Court of South Carolina · 1919
7 more not listed; retrieve them via the Exa API.