Lynch v. Moser
Supreme Court of Connecticut
Action to foreclose a mortgage of real estate, brought to the Superior Court in Fairfield County and tried to the court, Shumway, J., after a demurrer to the amended complaint had been overruled (Greorge W. Wheeler, J.); judgment for the plaintiff and appeal by the defendant for alleged errors in the rulings upon the demurrer.
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Action to foreclose a mortgage of real estate, brought to the Superior Court in Fairfield County and tried to the court, Shumway, J., after a demurrer to the amended complaint had been overruled (Greorge W. Wheeler, J.); judgment for the plaintiff and appeal by the defendant for alleged errors in the rulings upon the demurrer. The amended complaint in this case, claiming foreclosure of a mortgage, is as follows:— “ 1. On March 81st, 1890, Mary E. Van Sciver, then a married woman, and married prior to 1877, was justly indebted to Theophile Euphrat, of said Norwalk, in the sum of $2,000, as…
1Opinion of the CourtAndrews, C. J.
The complaint shows that on the 31st day of May, 1890, Mary E. Van Sciver was the owner of certain land in Norwalk which had been conveyed to her on her personal credit and which she had purchased as her sole and separate estate. In payment of a part of the purchase price of said land she had given her own note for $2,000, and secured the payment of the same by a mortgage of the land. The plaintiff is now the owner of the said note and mortgage.
About the first day of May, 1893, the said Mary E. Van Sciver and the defendant William Moser entered into an agreement in writing, by which the said…
2Cases cited4 opinions
- Atwood v. VincentSupreme Court of Connecticut · 1846
- Donovan's Appeal from ProbateSupreme Court of Connecticut · 1874
- Hall v. HallSupreme Court of Connecticut · 1882
- Pease v. BridgeSupreme Court of Connecticut · 1881
3Cited by6 opinions
- Anderson v. ColwellSupreme Court of Connecticut · 1918
- Coney Island Co. v. McIntyre Paxton Co.Court of Appeals for the Sixth Circuit · 1912
- Last Chance Ranch Co. v. EricksonUtah Supreme Court · 1933
- Preleski v. FarganiaszSupreme Court of Connecticut · 1922
- Shippee v. Pallotti, Andretta Co., Inc.Supreme Court of Connecticut · 1933
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