Waller v. Eleventh School District
Supreme Court of Connecticut
This was an action of disseisin, to recover possession of a certain tract of land, containing about one-sixteenth part of an acre, with a school-house thereon.
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This was an action of disseisin, to recover possession of a certain tract of land, containing about one-sixteenth part of an acre, with a school-house thereon. The cause was tried before the jury, at the term of the superior court, holden at Litchfield, in February, 1853. On the trial, it was admitted, that the title to the demanded premises was in the plaintiff, unless- he had conveyed the same to the defendants, by his deed, bearing date Nov. 22, 1845. The defendants, in support of their title, offered in evidence, a vote of the district, passed in the spring of 1845, authorizing Lewis B.…
1Opinion of the CourtWaite, J.
The defendants, in the present case, claimed title to the demanded premises, by virtue of a deed from the plaintiff. There was no controversy, as to the execution of that deed, but the question, upon which the parties were at issue was, whether it had been duly delivered.
The plaintiff insisted, that he had merely placed it in the hands of the defendants’ agent, for inspection, without intending to deliver it, until the purchase price was paid, and *331that the agent had fraudulently kept the deed, never having paid for the land.
To rebut this claim, and to show that, in repeated instances, the…
2Cited by3 opinions
- Radtke v. TaylorOregon Supreme Court · 1922
- Spitz v. AbramsSupreme Court of Connecticut · 1941
- Elwell v. MersickSupreme Court of Connecticut · 1882