Bassett v. Mason
Supreme Court of Connecticut
This was a bill in chancery to obtain from the defendant a conveyance of his interest in certain mortgaged premises, with other relief.
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This was a bill in chancery to obtain from the defendant a conveyance of his interest in certain mortgaged premises, with other relief. On the 1st of April 1841, Alfred Bassett being indebted to Samuel R. Andrew in the sum of 2000 dollars, David Bassett, the plaintiff, as the surety of Alfred, united with him in giving their joint note to Andrew for that sum, payable to him in one year, with interest; and to secure the payment of such note, they, on the same day, mortgaged to Andrew a certain tract of land owned by them as tenants in common. On the 22nd of November 1842, Andrew assigned, by a…
1Opinion of the CourtChurch, J.
The facts in this case disclose a strong equity in favour of this application, which should be enforced, unless there be some adverse principle, so stubborn, that we are bound to yield to it. It is quite certain, that unless there be a remedy for this plaintiff, he must be subjected to the payment of the debt, and also to the loss of the land pledged for its security.
We do not think the law furnishes an adequate and certain remedy to the plaintiff, and that he can effectually interpose a plea of payment to the action now pending on the note. Had the mortgage, which was given to secure the…
2Cited by10 opinions
- Loomis v. KnoxSupreme Court of Connecticut · 1891
- Goodwin v. KeneySupreme Court of Connecticut · 1880
- Mead's Appeal from ProbateSupreme Court of Connecticut · 1878
- Gregory v. SavageSupreme Court of Connecticut · 1864
- Scanlon v. ParishSupreme Court of Connecticut · 1912
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