Sec. 47-28. Admissibility of award of arbitrators as evidence. - Connecticut Statutes

State Codes and Statutes

Statutes > Connecticut > Title47 > Chap821 > Sec47-28

      Sec. 47-28. Admissibility of award of arbitrators as evidence. No award of arbitrators, made since May 20, 1841, purporting to decide the title to real estate, shall be admissible as evidence thereof, unless the submission of the parties to such arbitration is executed, attested and acknowledged as deeds of lands, nor unless such award is in writing and under the hands and seals of the arbitrators; and such submission and award shall not be effectual against any persons but the parties to the same and their heirs, unless recorded by the town clerk of the town where such estate is situated.

      (1949 Rev., S. 7117.)

      If submission is not executed as provided in this section, award cannot pass title. 32 C. 115. Relocation of old boundary not within this section. 87 C. 684. Cited. 181 C. 449. Parties' failure to comply with requirements of section by recording their agreement to arbitrate land dispute and subsequent arbitration award in town clerk's office did not deprive arbitrator and trial court of subject matter jurisdiction over case. Section's terms are not jurisdictional in nature as between parties to the initial dispute, and failure to record or follow directives of Sec. 47-5 affects the award only as it relates to third parties. 276 C. 599.

State Codes and Statutes

Statutes > Connecticut > Title47 > Chap821 > Sec47-28

      Sec. 47-28. Admissibility of award of arbitrators as evidence. No award of arbitrators, made since May 20, 1841, purporting to decide the title to real estate, shall be admissible as evidence thereof, unless the submission of the parties to such arbitration is executed, attested and acknowledged as deeds of lands, nor unless such award is in writing and under the hands and seals of the arbitrators; and such submission and award shall not be effectual against any persons but the parties to the same and their heirs, unless recorded by the town clerk of the town where such estate is situated.

      (1949 Rev., S. 7117.)

      If submission is not executed as provided in this section, award cannot pass title. 32 C. 115. Relocation of old boundary not within this section. 87 C. 684. Cited. 181 C. 449. Parties' failure to comply with requirements of section by recording their agreement to arbitrate land dispute and subsequent arbitration award in town clerk's office did not deprive arbitrator and trial court of subject matter jurisdiction over case. Section's terms are not jurisdictional in nature as between parties to the initial dispute, and failure to record or follow directives of Sec. 47-5 affects the award only as it relates to third parties. 276 C. 599.

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State Codes and Statutes

Statutes > Connecticut > Title47 > Chap821 > Sec47-28

      Sec. 47-28. Admissibility of award of arbitrators as evidence. No award of arbitrators, made since May 20, 1841, purporting to decide the title to real estate, shall be admissible as evidence thereof, unless the submission of the parties to such arbitration is executed, attested and acknowledged as deeds of lands, nor unless such award is in writing and under the hands and seals of the arbitrators; and such submission and award shall not be effectual against any persons but the parties to the same and their heirs, unless recorded by the town clerk of the town where such estate is situated.

      (1949 Rev., S. 7117.)

      If submission is not executed as provided in this section, award cannot pass title. 32 C. 115. Relocation of old boundary not within this section. 87 C. 684. Cited. 181 C. 449. Parties' failure to comply with requirements of section by recording their agreement to arbitrate land dispute and subsequent arbitration award in town clerk's office did not deprive arbitrator and trial court of subject matter jurisdiction over case. Section's terms are not jurisdictional in nature as between parties to the initial dispute, and failure to record or follow directives of Sec. 47-5 affects the award only as it relates to third parties. 276 C. 599.