Francis v. Deming
Supreme Court of Connecticut
Suit to foreclose a judgment lien, brought to the Superior Court in Hartford County. The defendants set up a special defense, to which the plaintiffs demurred. The court (Fenn, J.,) sustained the demurrer, found the allegations of the complaint to be true, and granted a decree of foreclosure. The defendants appealed. The case is fully stated in the 'opinion.
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Suit to foreclose a judgment lien, brought to the Superior Court in Hartford County. The defendants set up a special defense, to which the plaintiffs demurred. The court (Fenn, J.,) sustained the demurrer, found the allegations of the complaint to be true, and granted a decree of foreclosure. The defendants appealed. The case is fully stated in the 'opinion. The sole defense is, that Deming did not actually pay to the plaintiffs’ attorney the $185 on or before the 10th of July, 1889, and deliver to him the release of his two sons. It is very clear that his failure so to do was no fault of…
1Opinion of the CourtThayer, J.
To the plaintiffs’ complaint, claiming the foreclosure of a judgment lien, the defendants filed a special answer alleging in substance that the plaintiffs, after the judgment was rendered and after the judgment lien was filed, agreed to discharge the same if the defendants should within one month from June 10th, 1889, pay the plaintiffs a sum materially less than the amount of the judgment, give them a release of damages for the attachment made in the writ, and make return to the probate court that the defendant, Henry A. Deming, had given notice of the settlement of his administration…
2Cases cited6 opinions
- Davis v. GraySupreme Court of the United States · 1873
- Mills v. HoagNew York Court of Chancery · 1837
- Goodrich v. StanleySupreme Court of Connecticut · 1856
- Giddings v. Insurance Co.Supreme Court of the United States · 1880
- Wells v. SmithNew York Court of Chancery · 1833
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Riverside Coal Co. v. American Coal Co.Supreme Court of Connecticut · 1927
- Halloran v. FischerSupreme Court of Connecticut · 1939