Gilbert v. Bulkley
Supreme Court of Connecticut
This was an action on the covenant of seisin in a deed, executed by the defendant and Clara, his wife, on the 24th of April, 1819, and seasonably recorded. The cause was tried at Danbury, September term, 1823, before Brainard, J. Previous to the 24th of April, 1819, the defendant and his wife had executed a deed of the same land, with covenants of warranty and seisin, to Zachariah Dunscombe; who mortgaged it to David Dayton.
Read the full summary
This was an action on the covenant of seisin in a deed, executed by the defendant and Clara, his wife, on the 24th of April, 1819, and seasonably recorded. The cause was tried at Danbury, September term, 1823, before Brainard, J. Previous to the 24th of April, 1819, the defendant and his wife had executed a deed of the same land, with covenants of warranty and seisin, to Zachariah Dunscombe; who mortgaged it to David Dayton. Dunscombe never took actual possession, and never recorded his deed; but Dayton procured his deed to be recorded immediately. After this, and before the date of the deed…
1Opinion of the Court
Hosmer, Ch. J.
The first question in this case, is, whether the defendant and wife, at the execution of the deed to the plaintiff, were well seised of the premises. The answer to the enquiry is so obviously clear and irresistible, that it can never admit of a doubt, unless the mind is first perplexed, by the adduction of irrelevant considerations.
The plaintiff’s action is founded on the covenant of seisin, in which the defendant stipulated, that he and his wife Clara, at the execution of the deed, were well seised of the premises. Were they well seised ? Most unquestionably, they were not.…
2Cases cited2 opinions
- Botsford v. MorehouseSupreme Court of Connecticut · 1823
- Coe v. TurnerSupreme Court of Connecticut · 1823
3Cited by12 opinions
- Commonwealth v. DudleyMassachusetts Supreme Judicial Court · 1813
- Jordan v. PollockSupreme Court of Georgia · 1853
- Parker v. KaneWisconsin Supreme Court · 1856
- Stretch v. WatsonSupreme Court of New Jersey · 1950
- Curtis v. BrannonTennessee Supreme Court · 1897
7 more not listed; retrieve them via the Exa API.