Legal Opinion

Washband v. Washband

Supreme Court of Connecticut

Decided September 15, 1858PublishedCited by 5 opinions

Disseizin. Tried to the court. On the trial the plaintiff claimed title to the demanded premises, by virtue of the levy of an execution thereon, as the property of Sterling S. Washband, the father of the defendant. The defendant claimed title thereto by virtue of two deeds from the said Sterling, one given in 1848, and one in 1851, which were given anterior to any attachment or levy by the plaintiff.

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Disseizin. Tried to the court. On the trial the plaintiff claimed title to the demanded premises, by virtue of the levy of an execution thereon, as the property of Sterling S. Washband, the father of the defendant. The defendant claimed title thereto by virtue of two deeds from the said Sterling, one given in 1848, and one in 1851, which were given anterior to any attachment or levy by the plaintiff. The plaintiff claimed that these deeds were voluntary, and given while the grantor was indebted to him, and therefore constructively fraudulent as against him. The claim of the plaintiff at that…

1Opinion of the CourtStorrs, C. J.

The only question made before us, on the argument of this case, is, whether the conveyances under which the defendant below claimed title to the demanded premises, were valid against the claim of title set up by the plaintiff under the levy of his execution, which was subsequent to those conveyances. .

It is conceded that all the proceedings under that execution appear, from the finding of facts by the court below, and on which its judgment was based, to have been in all respects regular, and that they are in form unexceptionable ; and also that the debt for which the judgment was rendered on…

2Cases cited1 opinion

  1. Waterhouse v. BentonSupreme Court of Connecticut · 1811

3Cited by5 opinions

  1. Martin v. WhiteSupreme Court of Georgia · 1902
  2. Allen v. LynessSupreme Court of Connecticut · 1909
  3. Trumbull v. HewittSupreme Court of Connecticut · 1893
  4. Brown v. CaseOregon Supreme Court · 1902
  5. Bunker v. Manchester Real Estate & Manufacturing Co.Supreme Court of New Hampshire · 1908

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