Sumner v. Rhodes
Supreme Court of Connecticut
This wás a bill in chancery for a confirmation of title.and for a foreclosure. In January, 1828, Silas Smith and Samuel E. Joy, being the owners of three lots of land in Thompson, sold and conveyed them to James Cunningham, Thomas Dike, Augustus Howe, Jacob Levins, John Chollar, Jude Sabin, James Dike and Erastus Buck.
Read the full summary
This wás a bill in chancery for a confirmation of title.and for a foreclosure. In January, 1828, Silas Smith and Samuel E. Joy, being the owners of three lots of land in Thompson, sold and conveyed them to James Cunningham, Thomas Dike, Augustus Howe, Jacob Levins, John Chollar, Jude Sabin, James Dike and Erastus Buck. These grantees, who had constituted themselves a company for manufacturing purposes, agreed to give, for a part of the purchase money, one note to Sniitk and another to Joy, and to secure the payment of them, by a mortgage of the lands purchased. The note to Joy was given, and…
1Opinion of the CourtWaite, J.
The question arising upon these facts in the case, and upon which our opinion is asked, is, what are the equitable rights of the plaintiff against the other defendants.
It is very evident, that if each member of the company had given to Smith a separate note for his part of the debt due to him, and secured the payment by a separate mortgage of his interest in the lands, Cunningham might have paid his own debt, purchased of Smith the other mortgages, and sustained a bill for a foreclosure against each mortgagor. And had they all united in a joint note and mortgage, their equitable rights, as…
2Cases cited3 opinions
- Watson v. WellsSupreme Court of Connecticut · 1825
- Carter v. ChampionSupreme Court of Connecticut · 1831
- Smith v. ChapmanSupreme Court of Connecticut · 1822
3Cited by8 opinions
- Beach v. OsborneSupreme Court of Connecticut · 1902
- Connecticut National Bank v. LorenzatoSupreme Court of Connecticut · 1992
- Segee v. ThomasU.S. Circuit Court for the District of Connecticut · 1853
- Ciezynski v. New Britain Transportation Co.Supreme Court of Connecticut · 1936
- Edgerly v. EmersonSuperior Court of New Hampshire · 1851
3 more not listed; retrieve them via the Exa API.