Legal Opinion

Longan v. Carpenter

Supreme Court of Colorado

Decided July 15, 1870PublishedCited by 8 opinions

Appeal from District Court, Jefferson County. Appellee filed bis bill to foreclose a mortgage given by appellant to Jacob B. Carpenter. He alleged tbat tbe mortgage was given to secure a note for $980, dated March 5, 1867, payable six months after date at the Colorado National Bank to Jacob B. Carpenter or order, that on the 24th of July, 1867, Jacob B. Carpenter assigned the note and mortgage to him.

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Appeal from District Court, Jefferson County. Appellee filed bis bill to foreclose a mortgage given by appellant to Jacob B. Carpenter. He alleged tbat tbe mortgage was given to secure a note for $980, dated March 5, 1867, payable six months after date at the Colorado National Bank to Jacob B. Carpenter or order, that on the 24th of July, 1867, Jacob B. Carpenter assigned the note and mortgage to him. Appellant in her answer denied all knowledge of the assignment and averred that, at the date of the mortgage, in addition to the mortgage security, she delivered to J. B. C. as collateral and…

1Opinion of the CourtBeleoed, J.

This was a bill in chancery to foreclose a mortgage filed by the appellee, as the assignee of one Jacob B. Carpenter. The mortgage was given to secure a negotiable note. The mortgage bears date March 5th, 1867, and is payable to Jacob B. Carpenter or his heirs or assigns, and was by him assigned to the complainant on the 20th day of July, 1867. The assignment was properly recorded on the 7th day of February, 1868. The defendant, in her answer, denies all knowledge of the assignment, and avers that at the date of said mortgage, she, in addition to the said mortgage security, delivered to the…

2Cases cited5 opinions

  1. Murray v. LylburnNew York Court of Chancery · 1817
  2. Edwards v.Farmers' Fire Insurance & Loan Co.New York Supreme Court · 1839
  3. Jackson ex dem. Bowers v. CraftsNew York Supreme Court · 1820
  4. Chouteau's v. BurlandoSupreme Court of Missouri · 1855
  5. Christy's Administrator v. HorneSupreme Court of Missouri · 1857

3Cited by8 opinions

  1. Bloom v. Pioneer State BankSupreme Court of Colorado · 1924
  2. Cowing v. CloudColorado Court of Appeals · 1901
  3. Rowe v. MulvaneColorado Court of Appeals · 1914
  4. Brown v. Equitable Life Assurance Society of United StatesSupreme Court of Minnesota · 1899
  5. Cowing v. CloudColorado Court of Appeals · 1901

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