Elliott v. Weed
Supreme Court of Connecticut
Covenant, for a breach of the covenant of seizin; brought to the Court of Common Pleas of New Haven County, and tried to the court on the general issue before Stoddard, J-The court found the following facts: One Hitchcock was the owner in 1871 of a large tract of land in the city of New Haven bounding north on Foote street, four hundred and eiglity-three feet, and embracing the parcel in question in the present suit.
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Covenant, for a breach of the covenant of seizin; brought to the Court of Common Pleas of New Haven County, and tried to the court on the general issue before Stoddard, J-The court found the following facts: One Hitchcock was the owner in 1871 of a large tract of land in the city of New Haven bounding north on Foote street, four hundred and eiglity-three feet, and embracing the parcel in question in the present suit. He afterwards sold and conveyed a part of this tract, to the extent of one hundred and ninety-four feet on Foote street; and still later another part, one hundred and four feet…
1Opinion of the CourtCarpenter, J.
The first question in this case arises on the motion for a new trial. The plaintiff, for the purpose of showing that the defendant intended by his deed to warrant that the premises convoyed should measure one hundred and eighty-nine feet on Pooto street, offered parol evidence to prove a conversation between the parties at the time of the sale. This evidence was rejected and the plaintiff excepted.
It does not appear that this evidence was offered for the purpose of explaining any latent ambiguity, nor for the purpose of applying the description in the deed to the premises. On the contrary it…
2Cases cited2 opinions
- Benedict v. GaylordSupreme Court of Connecticut · 1836
- Nichols v. TurneySupreme Court of Connecticut · 1842
3Cited by3 opinions
- Frank Towers Corp. v. LavianaSupreme Court of Connecticut · 1953
- Beach v. WhittleseySupreme Court of Connecticut · 1901
- Moore v. WalshSupreme Court of Rhode Island · 1915