Legal Opinion

Jarvis v. Woodruff

Supreme Court of Connecticut

Decided July 15, 1852PublishedCited by 11 opinions

This was a bill in chancery, to which was filed an answer and cross-bill. The plaintiffs, in the original bill, prayed the court to set aside and correct a partition of certain real estate, situated in the town of Portland, alleging, among other matters, that a part of said premises were originally owned by Maria A. Woodruff, the wife of Philo D. Woodruff, and in which said Maria A. and her husband, claimed an equity of redemption.

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This was a bill in chancery, to which was filed an answer and cross-bill. The plaintiffs, in the original bill, prayed the court to set aside and correct a partition of certain real estate, situated in the town of Portland, alleging, among other matters, that a part of said premises were originally owned by Maria A. Woodruff, the wife of Philo D. Woodruff, and in which said Maria A. and her husband, claimed an equity of redemption. Said Maria A. and Philo D., who were made parties to said bill, alone appeared, and filed their answer, and also a cross-bill to redeem the premises so owned by…

1Opinion of the CourtHinman, J.

The first point involved in the question re-, served for the advice of this court, is, whether the transaction, evidenced by the deed of Maria A. Woodruff and-her husband, of the 17th of January, 1831, was a loan of money to the husband, and a mortgage, by them, of the-wife’s land, to secure it ? The point depends upon what appears, upon the face of the deed itself. The court does not find, that any other contract, than such as is shown by that instrument, was made at the time ; and although the circumstance, that the land, at that time, was of no greater value than the sum mentioned in the…

2Cases cited2 opinions

  1. Russell v. SouthardSupreme Court of the United States · 1851
  2. Skinner v. SmithSupreme Court of Connecticut · 1803

3Cited by11 opinions

  1. Guilford-Chester Water Co. v. Town of GuilfordSupreme Court of Connecticut · 1928
  2. Criss v. CrissWest Virginia Supreme Court · 1886
  3. Camden v. AlkireWest Virginia Supreme Court · 1884
  4. French v. BurnsSupreme Court of Connecticut · 1868
  5. Hough v. BaileySupreme Court of Connecticut · 1864

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