5 Conn. 528 | Conn. | 1825
The ground on which the decree in this case was rendered, by the county court, undoubtedly was, that the promissory note executed to Barkhamsted, was totally without consideration, by reason of the non-existence of the title to the land sold; and therefore, that such note was fraudulent and void. If there was no fraud and no covenant to secure the title, the purchaser has no remedy for his money, even on failure of title, either at law or in equity. Abbott v. Allen, 2 Johns. Chan. Rep. 519. Chesterman v. Gardner, 5 Johns. Chan. Rep. 29. 2 Swift’s Dig. 45. The grantee of land, if he take no covenants, and there be no fraud in the sale, has assumed on himself the
In all events, the county court was authorized to grant the prayer of the plaintiff’s bill, in the manner that they did only on the basis of total fraud in the consideration. Now, if such fraud existed, there was adequate remedy at law by defence against the note in suit. The point is too clear to admit of a question: and was expressly decided, by this Court, in Moore v. Ellsworth, 3 Conn. Rep. 483
Judgment to be reversed.