Smith v. Vincent
Supreme Court of Connecticut
This was an action of ejectment, brought by Perry Smith, Esq., against the individuals composing the firm of G. I. Vin-ent ⅜ Co. and Frederick J. Fenn, Esq. The cause was tried at Litchfield, August term, 1841, before Sherman, J, The plaintiff claimed title to the premises, by the levy of an execution in his favour, for the sum of 8144 dollars. The defendants claimed title, by the levy of an execution, in favour of all the defendants except Fenn, for the sum of 6999 dollars.
Read the full summary
This was an action of ejectment, brought by Perry Smith, Esq., against the individuals composing the firm of G. I. Vin-ent ⅜ Co. and Frederick J. Fenn, Esq. The cause was tried at Litchfield, August term, 1841, before Sherman, J, The plaintiff claimed title to the premises, by the levy of an execution in his favour, for the sum of 8144 dollars. The defendants claimed title, by the levy of an execution, in favour of all the defendants except Fenn, for the sum of 6999 dollars. The levies of both executions were in due form; and that of the defendants was subsequent to the plaintiff’s; yet the…
1Opinion of the Court
Williams, Ch. J.
1. Were Fenn’s admissions properly received ? It is claimed that Fenn is a mere tenant, and has no real interest. But he was properly made a party to the suit; and the plaintiff must prove his case against each and every defendant; and the court can no more exclude the admissions of one defendant than of another, under the idea that one has a deeper interest than another. If the suit were on a note against principal and surety, the declarations of the surety could not be ruled out, although if the principal is of sufficient ability, he would have but a nominal interest. And…
2Cases cited7 opinions
- Parsons v. WellesMassachusetts Supreme Judicial Court · 1821
- Coit v. TracySupreme Court of Connecticut · 1830
- Roath v. SmithSupreme Court of Connecticut · 1823
- Newell v. RobertsSupreme Court of Connecticut · 1839
- Porter v. SeeleySupreme Court of Connecticut · 1840
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Pease v. Pilot Knob Iron Co.Supreme Court of Missouri · 1871
- Rowan v. Sharps' Rifle Manufacturing Co.Supreme Court of Connecticut · 1865
- Benton Land Co. v. ZeitlerSupreme Court of Missouri · 1904
- Munson v. MunsonSupreme Court of Connecticut · 1862
- Kalaukoa v. KeaweHawaii Supreme Court · 1893
4 more not listed; retrieve them via the Exa API.