7 Conn. 143 | Conn. | 1828
1. The first ground on which the defendants claim a new trial, is, that the deposition of Lucy Darling was rejected. This was in obedience to the statute, (p. 47.) which directs, that “ the magistrate shall certify the reason of taking such deposition.” But it was not done ; and the omission can no more be supplied by parol, than any other official act of the magistrate.
2. Another ground is, that the declarations of Lucy Darling, while occupying the land in Reading, were admitted. Such declarations are always admitted to shew the nature and extent of such occupation, and as paid of the res gesta. But in this case they could have no effect, as she occupied under an absolute deed from the former owner.
3. The defendants claim, that the court ought to have
4. It is claimed, that Lucy Darling executed and delivered to Joseph Burr a defeasance, which converted his deed into a mortgage. But this defeasance was a contract to reconvey, upon certain terms. There was no debt to be secured ; and there was no mortgage in the. case.
As the charge of the judge was incorrect, I advise a new trial.
New trial to be granted.