Bacon v. Huntington
Supreme Court of Connecticut
This was a bill in chancery for a foreclosure and other relief. The material facts stated in the bill, on which the principal question arises, are these.
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This was a bill in chancery for a foreclosure and other relief. The material facts stated in the bill, on which the principal question arises, are these. On the 30th of April, 1833, John Bacon gave to the Middletown Savings Bank, his two several promissory notes, of that date, one for 1000, and the other for 500 dollars, each payable six months from date, with interest ; and on the same day, he mortgaged to said bank, by several deeds, two pieces of land, one called the Sage place, for the security of the first note, and the other, called the Main-street place, for the security of the other…
1Opinion of the CourtStorrs, J.
This being a bill for a foreclosure, brought to compel payment, by'the defendants, of. the notes given to the Savings Bank, the main inquiry is, whether the conveyance from Bacon to Selden Huntington is a conditional deed-; and that depends upon the construction which is to-be given to the peculiar phraseology used in the deed. '
It is contended, in the first place, by the defendants, that the effect of the language used, in reference to the mortgages previously executed by Bacon, is merely to give notice, and guard against the effect, of the incumbrances therein mentioned, and- not to create…
2Cited by2 opinions
- Parsons v. SmilieCalifornia Supreme Court · 1893
- Kilpatrick v. Mayor of BaltimoreCourt of Appeals of Maryland · 1895