Legal Opinion

Stow v. Wyse

Supreme Court of Connecticut

Decided July 15, 1828PublishedCited by 49 opinions

This was an action of trespass quare clausum fregit; triedj on the general issue, at Middletown, February term, 1828, before Daggett, J. It was admitted, that the defendant entered on the premises, in May, 1825, the time specified in the declaration, and continued in the possession and occupation thereof until the commencement of this suit, claiming right as the tenant of the Mid-dletown Bank ; and the only question was, whether the plaintiffs had title to the land, or…

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This was an action of trespass quare clausum fregit; triedj on the general issue, at Middletown, February term, 1828, before Daggett, J. It was admitted, that the defendant entered on the premises, in May, 1825, the time specified in the declaration, and continued in the possession and occupation thereof until the commencement of this suit, claiming right as the tenant of the Mid-dletown Bank ; and the only question was, whether the plaintiffs had title to the land, or whether it was in the Middletown Bank. The title of the bank was derived from a mortgage deed of the Middletown Manufacturing…

1Opinion of the CourtDaggett, J.

The plaintiffs, who claim under A. W. Magill’s deed to them, allege, that no title passed, by the deed to the Middletown Bank ; for that Magill had no authority to bind the Middletown Manufacturing Company, and transfer the title. The deed is attempted to be supported, or rather jpa-gill’s power to make it, on two grounds. The first is the vote of the Middletown Manufacturing Company, passed on the 29th day of March, 1817, the day of the execution of the *219deed, by which he was authorized to make a mortgage to the bank of the premises. On the other hand, it is insisted, that the meeting was…

2Cases cited1 opinion

  1. Hoyt v. DimonSupreme Court of Connecticut · 1813

3Cited by49 opinions

  1. Van Renesselaer v. KearneySupreme Court of the United States · 1851
  2. Bank of Utica v. MersereauNew York Court of Chancery · 1848
  3. Sinclair v. Jackson ex dem. FieldCourt for the Trial of Impeachments and Correction of Errors · 1826
  4. Paola & Fall River Railway Co. v. Comm'rs of Anderson CountySupreme Court of Kansas · 1876
  5. Bernard J. Lee, Platiff-Appellant v. Jenkins Brothers, Bernard J. Lee v. Farnham YardleyCourt of Appeals for the Second Circuit · 1959

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