Beers v. Broome
Supreme Court of Connecticut
This was a bill in chancery to foreclose the equity of redemption in mortgaged premises. The principal facts stated in the bill, and found by the court, were the following. On the 3rd of February, 1812, Isaac Hawley mortgaged the premises to Truman Minor, to secure the payment of six promissory notes, amounting to 3.143 dollars. Afterwards, on the same day, he mortgaged the same lands to William Wright, to secure the payment of two notes, amounting to 5,500 dollars.
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This was a bill in chancery to foreclose the equity of redemption in mortgaged premises. The principal facts stated in the bill, and found by the court, were the following. On the 3rd of February, 1812, Isaac Hawley mortgaged the premises to Truman Minor, to secure the payment of six promissory notes, amounting to 3.143 dollars. Afterwards, on the same day, he mortgaged the same lands to William Wright, to secure the payment of two notes, amounting to 5,500 dollars. Minor and Wright, respectively, obtained decrees of the superior court, passed in February, 1813, foreclosing Hawley of his…
1Opinion of the Court
Hosmer, Ch. J.
On motion for a new trial, the court will not decide any question arising on the record. Of this description, is the objection founded on the admission of Minor, that the delivery of the deeds to him and Wright were contemporaneous. The same observation is applicable to the defendant’s argument relative to the decree of the court. If the above objections are of any validity, as they are founded upon facts apparent of record, they are the proper subject of a writ of error.
*255It has been argued, that the written declaration of Minor, affected the title to the mortgaged premises, and…
2Cases cited2 opinions
- Smith and Others v. Carrington and OthersSupreme Court of the United States · 1807
- Beers v. HawleySupreme Court of Connecticut · 1818
3Cited by3 opinions
- Loomis v. KnoxSupreme Court of Connecticut · 1891
- Bradley v. VailSupreme Court of Connecticut · 1880
- Strong v. StrongThe Superior Court of New York City · 1865