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Buckley v. Webb

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eBook details

  • Title: Buckley v. Webb
  • Author : Supreme Court of Connecticut
  • Release Date : January 10, 1956
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 53 KB

Description

In his complaint, the plaintiff alleged
that he is the owner of an undivided one-half
interest in, and is in possession of, a parcel
of land in the town of Newtown; that he acquired
title to his interest by a deed dated November 22,
1947; and that the defendant is the owner of the
other one-half interest but claims sole ownership
adverse to the plaintiff's title and ownership. He
prayed a judgment determining the rights in or to
the land and settling the title. The defendant,
in and by her answer, claimed the entire fee,
alleging that she obtained it by a deed dated
April 18, 1945, which was recorded in the Newtown
land records on May 15, 1952. The court, by its
judgment, found the issues for the defendant,
that she had an absolute title to the land in fee
simple as against the plaintiff and that he had no
estate or interest in the land. The plaintiff has
appealed. The unchallenged material facts which were found
are the following: The plaintiff and the defendant
were married on October 12, 1941. On December 23,
1941, the plaintiff purchased, for their home,
premises in Newtown and assumed the payment of a
$15,000 mortgage thereon, held by Helen E. Woodworth.
He desired to give the defendant a one-half interest
in the property and instructed his New York attorney
to prepare a deed which would convey such an interest
to her. The attorney prepared an instrument which
he believed would carry out the plaintiff's instructions,
and on March 15, 1943, the plaintiff executed it. It
purported to be a warranty deed conveying title to
the premises from him to himself and the defendant
as tenants by the entirety. The deed was recorded
on March 15, 1943, in the Newtown land records.


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