Legal Opinion

Avery v. Kellogg

Supreme Court of Connecticut

Decided July 15, 1836PublishedCited by 4 opinions

This was a bill in chancery, brought to the superior court, seeking such relief as the court, upon the facts stated and proved, should deem proper. In January, 1822, the plaintiff mortgaged his home farm, and another tract of land, called the Purple lot, to Roger and Solomon Taintor, to secure a note due from him to them.

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This was a bill in chancery, brought to the superior court, seeking such relief as the court, upon the facts stated and proved, should deem proper. In January, 1822, the plaintiff mortgaged his home farm, and another tract of land, called the Purple lot, to Roger and Solomon Taintor, to secure a note due from him to them. This mortgage became the property of John A. Taintor, who in March, 1833, obtained a decree of foreclosure, limiting the 1st Monday of January, 1834, as the ultimate time of redemption. A short time before the last-mentioned day, the plaintiff, having found a purchaser for…

1Opinion of the Court

Williams, Ch. J.

The first objection made to this bill, is, that it combines a prayer to redeem and a prayer for specific performance. In support of this objection, the case of Jerome & al. v. Jerome, 5 Conn. Rep 352., is cited. That was a bill to perpetuate testimony, and also for relief; and upon a demurrer, it was held, that these subjects could not be united. Here has been a hearing upon the merits ; and this objection is urged against a decree. The plaintiff has, in his bill, stated the facts, upon which he founds his claim for relief, and prays the Court for such relief as these facts…

2Cases cited6 opinions

  1. Pratt v. CarrollSupreme Court of the United States · 1814
  2. Brashier v. GratzSupreme Court of the United States · 1821
  3. Benedict v. LynchNew York Court of Chancery · 1815
  4. Langworthy & Clark v. SmithNew York Supreme Court · 1829
  5. Roberts & Boyd v. AndersonNew York Court of Chancery · 1818

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Merchants' National Bank v. GreenhoodMontana Supreme Court · 1895
  2. Town of Huntington v. BirchSupreme Court of Connecticut · 1837
  3. Janes v. TowneSupreme Court of Iowa · 1926
  4. Ryan v. SpiethMontana Supreme Court · 1896

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