Starr v. Pease
Supreme Court of Connecticut
This was an action of ejectment; to which the general issue was pleaded. The case was as follows. In the year 1799, the plaintiff became the wife of John L. Lewis. In 1820, George Starr, the father of the plaintiff, died, seised of the demanded premises; and immediately thereafter, the fee thereof was vested in the plaintiff, as his heir, and the right of possession in Lewis, her husband.
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This was an action of ejectment; to which the general issue was pleaded. The case was as follows. In the year 1799, the plaintiff became the wife of John L. Lewis. In 1820, George Starr, the father of the plaintiff, died, seised of the demanded premises; and immediately thereafter, the fee thereof was vested in the plaintiff, as his heir, and the right of possession in Lewis, her husband. In 1826, the premises were taken by execution, in favour of Pease, one of the defendants, against Lewis; and his right therein became vested in Pease, who, with the other defendants, on the 14th of May 1828,…
1Opinion of the CourtDaggett, J.
The first great question, presented by the counsel, is, did the right of the possession of this land become vested in the plaintiff, upon the divorce, the husband being the guilty cause? The possession of the premises, upon the established principles of law, became vested in John L. Lewis, upon the death of George Starr, by virtue of his marriage with the plaintiff. They are liable to be taken in execution, in payment of his debts; or they might have been by him transferred. In either case, his right only would have become vested in the creditor or vendee. This right was commensurate with his…
2Cases cited3 opinions
- Calder v. BullSupreme Court of the United States · 1798
- Boyd's Lessee v. GravesSupreme Court of the United States · 1819
- Barber v. RootMassachusetts Supreme Judicial Court · 1813
3Cited by49 opinions
- Maynard v. HillSupreme Court of the United States · 1888
- Norwalk Street Railway Company's AppealSupreme Court of Connecticut · 1897
- State v. ClementeSupreme Court of Connecticut · 1974
- People ex rel. Smith v. Judge of the Twelfth DistrictCalifornia Supreme Court · 1861
- Barber v. RootMassachusetts Supreme Judicial Court · 1813
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