Hoyt v. Dimon
Supreme Court of Connecticut
MOTION for a new trial. This was an action of disseisin, for a parcel of land in Newtown. The defendant pleaded the genera! issue.
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MOTION for a new trial. This was an action of disseisin, for a parcel of land in Newtown. The defendant pleaded the genera! issue. On the tria!, the plaintiff claimed title to the demanded premises, by virtue of the levy of an execution in his favour against one Austin Nichols; which levy was made on the 17tli of April, 1810. The defendant claimed title, by force of a mortgage deed frorn Austin Nichols to one Philo Norton, dated the 22d of September, 1797. This deed was given to secure the payment of four promissory notes, of 1,300 dollars each, one of which was made payable in one year…
1Opinion of the CourtBaldwin, J.
From the statement of this case, it is apparent, that the right of the plaintiff to recover, depends on hit shewing, that no title was derived to the defendant, hy either of the deeds. If either conveyed a valid title, the defendant. was entitled to a verdict.
As the jury found the mortgage deed not to be fraudulent, and thereupon, gave their verdict for the defendant, the plaintiff cannot claim a new trial, on the grofind, that the last deed was not submitted to their consideration ; nor on (he *483ground, that the direction given them was incorrect, unless, the law be s¡o, that the mortgage…
2Cited by9 opinions
- Stow v. WyseSupreme Court of Connecticut · 1828
- De Merle v. MathewsCalifornia Supreme Court · 1864
- Kelsey v. HanmerSupreme Court of Connecticut · 1847
- Selleck v. Sugar Hollow Turnpike Co.Supreme Court of Connecticut · 1840
- Avery v. HackleySupreme Court of the United States · 1874
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