Legal Opinion

Fairchild v. Beach

Supreme Court of Connecticut

Decided July 1, 1804PublishedCited by 1 opinion

A FITS was an action on the case, stating, that the defendants proposed to sell to the plaintiff, and Elia* Glover, and others, a quantity of land, in the County of Russell, in the State of Virginia ; and it was afterwards agreed, that part of the land should be taken in the County of Shanhaway. The defendants affirmed to the plaintiff, that Beach had a good title to the land, and that the same was of a good quality.

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A FITS was an action on the case, stating, that the defendants proposed to sell to the plaintiff, and Elia* Glover, and others, a quantity of land, in the County of Russell, in the State of Virginia ; and it was afterwards agreed, that part of the land should be taken in the County of Shanhaway. The defendants affirmed to the plaintiff, that Beach had a good title to the land, and that the same was of a good quality. Several persons combined, and entered into an agreement, with the defendants to become purchasers, merely as decovs, to induce the plaintiff and others to purchase. The patents…

1Opinion of the Court

1804.

In the Court below,

A person interested in the question on trial, but not in the event of the suit, may be a witness.

A special plea was given to part of this declaration, and the general issue to the remainder. The jury found a verdict for the defendants, upon both issues.

On the trial, Elias Glover, one of the real purchasers, Was offered by the plaintiff, as a witness, he having commenced a suit, and recovered judgment against part of the defendants for the same fraud, as stated in the present declaration, but upon different pleadings. The defendants objected to his evidence, on the…

2Cited by1 opinion

  1. Wentworth v. CrawfordTexas Supreme Court · 1853

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