25 Conn. 1 | Conn. | 1856
The plaintiff claims title to certain lands, under a deed executed by the guardian of certain minors, who were the owners, under authority granted for that purpose by the court of probate for the district of East Lyme, within which district the minors resided, and the lands were situated; and the question in the case is, whether the deed is admissible for the purpose of proving the title.
It is admitted that, in point of fact, none of these objections are true. The court had jurisdiction; because the minors resided in the district, and the land was there, and there was an application to sell it, which, it is admitted, the probate records show was granted in proper form. The ques-. tion therefore is, whether the deed is a sufficient execution of the power. It is, so far as relates to this question, in these words, “I, Moses W. Comstock, of the town of Chat-ham, in the -county of Middlesex, guardian to Alonzo C., Cornelia G. and Ellen M. Griswold, and Augustus G. and Andrew W. Comstock, minors, under the age of twenty-one years, by virtue of license and authority to me granted by the court of probate for the district of East Lyme, to sell the real estate of Alonzo, &c., situated in East Lyme, and consisting, &c., (describing it), and for the consideration of thirteen hundred dollars, received to my full satisfaction, the receipt whereof 1 do hereby acknowledge, of Edwin Howard, of East Lyme, do grant, bargain, sell and confirm unto Edwin Howard the above described estate of the said Alonzo C. &c., minors as aforesaid.”
The defendant relies upon the cases of Lockwood v. Sturdevant, 6 Conn., 373, and Watson v. Watson, 10 Conn., 77, and the authorities cited in those eases, to support his claims.
The case of Lockwood v. Sturdevant, it is true, standing alone, would seem to support the defendant’s claims, but that case was so materially modified by the case of Watson v. Watson, as to destroy its effect as a binding authority on a question of this sort. In both these cases the court had to
In this opinion the other judges, Stores and Ellsworth, concurred.
New trial not to be granted.