Kennelly v. Kelly
Supreme Court of Connecticut
Suit for a foreclosure of mortgaged premises; brought to the City Court of the city of Hartford and heard before Bennett, J. The following facts were found by the court.
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Suit for a foreclosure of mortgaged premises; brought to the City Court of the city of Hartford and heard before Bennett, J. The following facts were found by the court. On August 3d, 1871, John Kelly and Neal P. Kelly executed a.joint and several note to the Chelsea Savings Bank of Norwich, Conn., for the sum of three thousand dollars, payable on demand with interest semi-annually in advance, and to secure the payment thereof they on the same day joined in executing a mortgage to the bank of the two pieces of land described in the complaint. In the'first piece each owned an…
1Opinion of the CourtCarpenter, J.
On the third of March, 1871, John Kelly and Neal P. Kelly owned blackacre, and John Kelly owned whiteaere. On that day John Kelly borrowed $3,000 of the Chelsea Savings Bank, Neal P. Kelly signing with him and for his accommodation a note for that amount. That note was secured by a mortgage of blackacre and whiteaere, jointly executed by the owners. On the 20th of November, *3371872, the note being unpaid, John Kelly sold whiteacre to Bernard Kelly, with covenants that the same was free from all incumbrances. In October, 1873, Bernard Kelly died intestate, whiteacre descending to his heirs.…
2Cases cited1 opinion
- Sanford v. HillSupreme Court of Connecticut · 1878
3Cited by2 opinions
- Markham v. SmithSupreme Court of Connecticut · 1935
- Quinnipiac Brewing Co. v. FitzgibbonsSupreme Court of Connecticut · 1900