Giannopoulos v. Corbin

Citations: 7 Conn. App. 601; 509 A.2d 1075; 1986 Conn. App. LEXIS 1006Docket: 3745

Court: Connecticut Appellate Court; June 3, 1986; Connecticut; State Appellate Court

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An appeal arose from a summary process action initiated by plaintiffs Spyros and Angelo Giannopoulos to reclaim possession of a first-floor apartment located at 23-25 North Street in Hamden, under a warranty deed. The plaintiffs had purchased the property from the defendant on April 19, 1983, with a condition to share occupancy for six months. The defendant's failure to allow occupancy led the plaintiffs to issue a notice to quit and subsequently file for possession.

At trial, the defendant objected to the admission of the warranty deed, claiming it was defective because it lacked the required witnessing by two disinterested, competent witnesses as stipulated by General Statutes § 47-6. The trial court overruled this objection and ruled in favor of the plaintiffs. The defendant appealed, citing Winsted Savings Bank v. Spencer, which asserted that witnesses must be disinterested to attest to a deed. The defendant argued that this statute applied only to corporate transactions, yet even if the defendant's interpretation were accepted, General Statutes § 52-145(a) allows individuals with an interest in the case to testify.

Moreover, any defects in the witnessing were remedied by the validating act of 1983, which validates deeds attested by one or no witnesses for the purpose of conveying real property. The deed was thus deemed properly admitted into evidence. The court's judgment was confirmed with no errors found, and all issues from this case and a related case were resolved in favor of the plaintiffs. The witnesses to the deed were the defendant’s attorney and real estate agent.