Rodgers v. Palmer
Supreme Court of Connecticut
Writ of error to the superior court from a judgment of a justice of the peace, upon a complaint in summary process for the recovery of the possession of leased premises. The original suit was brought by Palmer, the defendant in error.
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Writ of error to the superior court from a judgment of a justice of the peace, upon a complaint in summary process for the recovery of the possession of leased premises. The original suit was brought by Palmer, the defendant in error. On the trial before the justice he offered in evidence a deed of the premises from one Daniel W. Rodgers to himself, executed prior to the date of the lease, and also a lease from himself to the defendant, executed interchangeably by the parties. The defendant objected to the deed as having been given fraudulently to avoid a debt due from the grantor to one…
1Opinion of the CourtButler, J.
•Our statute giving a summary process for recovering possession of leased property wrongfully holden over is framed upon the idea that the tenant shall not be permitted to dispute that his landlord had title at the time the lease was given. It accordingly specifies the issues to be tried, and excludes the question whether he had such title or not. The justice was right therefore in refusing to entertain the question, as an isolated one, whether the deed from David to Mary Dodgers was valid or not, because if fraudulent in respect to creditors it was good between the parties and their lessees,…
2Cited by3 opinions
- Webb v. AmblerSupreme Court of Connecticut · 1939
- Harrison v. McCandlessHawaii Supreme Court · 1914
- Hutchinson v. OlberdingSupreme Court of Iowa · 1911