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3 Day 503

Rathbone v. Riley

Connecticut Superior Court

Decided February 15, 1807

Connecticut Superior Court · decided 1807-02-15

THIS was an action of ejectment. The general issue was pleaded, and closed to the jury. c J 1 The plaintiffs claimed title to the demanded premises, by the levy of an execution, in their favour, against Josiah Brooks. The defendant claimed a title derived from Brooks, by regular conveyances. On the 2d of December, 1803, Brooks gave a deed of the land in question to Nathaniel Tryon, which was soon afterwards recorded.

Decided 1807-02-15

Swift, Pr. J.

¶1in summing up to the jury, said, that if they found the deed from Brooks to Tryon to be fraudulent, the copy of the attachment left in the town clerk’s office, and the record of the execution, was constructive notice in law to the defendant, and to all the world, that the plaintiffs claimed tlic demanded premises ; and that the levy of the execution by the plaintiffs vested in them a legal title thereto.

¶2The jury found a verdict for the plaintiffs, widen wsc accepted.

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