Eells v. Day
Supreme Court of Connecticut
This was an action of ejectment, for two pieces of land. The plaintiff claimed title to the demanded premises, by the levy of an execution against James Day. The defendant also claimed title, by virtue of the levy of an execution against the same James Day, of a prior date. The plaintiff claimed, that the judgment on which the defendant’s execution issued, was fraudulent and void.
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This was an action of ejectment, for two pieces of land. The plaintiff claimed title to the demanded premises, by the levy of an execution against James Day. The defendant also claimed title, by virtue of the levy of an execution against the same James Day, of a prior date. The plaintiff claimed, that the judgment on which the defendant’s execution issued, was fraudulent and void. To shew that such judgment was fraudulent, the plaintiff offered evidence tending to prove, that at the same time the defendant prayed out the writ of attachment in the suit in which his execution issued, which was…
1Opinion of the Court
Hosmer, Ch. J.
The case presents three questions for determination.
1. The judgment upon which the defendant’s execution issued, and by the levy of which the defendant claims title to the land in question, is insisted by the plaintiff to be fraudulent. It was obtained on a book debt, the items of which were spread over a number of years. The fraud in the judgment, if it existed, was founded on the book debt; for if that was really due, the objection falls to the ground. To shew that it was fraudulent, the plaintiff offered evidence to prove, that at the time a writ was taken out, for the…
2Cases cited1 opinion
- Preston v. GriffinSupreme Court of Connecticut · 1815
3Cited by4 opinions
- Furlong v. GarrettWisconsin Supreme Court · 1878
- Bolling & Son v. Vandiver & Co.Supreme Court of Alabama · 1890
- Cahill v. CahillSupreme Court of Connecticut · 1903
- Ela v. PennockSupreme Court of New Hampshire · 1859