Hayden v. Wescott
Supreme Court of Connecticut
This was an action of ejectment for one undivided ninth part of three pieces of land in Killingly, formerly owned and possessed by Parley Whittemore. The defendant pleaded the general issue; on which the cause was tried, at Brooklyn, October term, 1834, before Bissell, J. The plaintiffs claimed title to the demanded premises, by virtue of a deed, in common form, executed by Knight Whit-temore, one of the nine children of Parley Whittemore.
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This was an action of ejectment for one undivided ninth part of three pieces of land in Killingly, formerly owned and possessed by Parley Whittemore. The defendant pleaded the general issue; on which the cause was tried, at Brooklyn, October term, 1834, before Bissell, J. The plaintiffs claimed title to the demanded premises, by virtue of a deed, in common form, executed by Knight Whit-temore, one of the nine children of Parley Whittemore. The possession by the defendant and the ouster alleged, were admitted. The plaintiffs offered in evidence said deed of Knight Whittemore, upon which the…
1Opinion of the CourtBissell, J.
One question presented by this motion, is, whether the parol evidence offered at the trial, was properly rejected. The admission of the testimony could have proceeded only on the ground, that the acknowledgment of the deed was imperfect, and required to be made out, by evidence aliunde. It was offered to supply that which was supposed to be wanting in the certificate of the magistrate. Is testimony of such a character and for such a purpose, admissible ?
The statute requires that all deeds of land shall be acknowledged : and the only question is, how the acknowledgment shall be evidenced ;…
2Cases cited5 opinions
- Stanton v. ButtonSupreme Court of Connecticut · 1818
- Pendleton v. ButtonSupreme Court of Connecticut · 1820
- Couch v. GorhamSupreme Court of Connecticut · 1814
- Hollister v. Union Co.Supreme Court of Connecticut · 1833
- Bigelow v. BenedictSupreme Court of Connecticut · 1826
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- Scott v. SimonsSupreme Court of Alabama · 1881
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