Pettibone v. Stevens
Supreme Court of Connecticut
This was a bill of foreclosure. The facts in the case appear from the report of a committee appointed by the court to ascertain them. They are substantially as follows.
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This was a bill of foreclosure. The facts in the case appear from the report of a committee appointed by the court to ascertain them. They are substantially as follows. On the 6th of February, 1838, Nathaniel Stevens, being in failing circumstances, executed and delivered to Augustus Pettibone, E. Grove Lawrence, Abram C. Hewitt, Palmer Stevens, Roswell Day, Rebecca De Forest and Salmon Richards, a mortgage deed of certain real estate in the town of Canaan, the condition of which was, that said N. Stevens, being indebted to said Pettibone, in a note dated 12th of June, 1837, for 491 dollars,…
1Opinion of the Court
Williams, Ch. J.
The questions in this case arise upon the report of the committee, appointed on a bill of foreclosure, and were by them submitted for the opinion of the superior court, and by that court reserved for the advice of this court.
*24The plaintiff was one of the mortgagees in the first mort-gage, and also an assignee of personal property, for the benefit of himself and other creditors. The creditors in the second mortgage resist the claim of the plaintiff in three particulars only: 1. That Lawrence's debt ought not to be allowed ; 2. that the expenses incurred for an action of trespass…
2Cases cited1 opinion
- Ingraham v. WheelerSupreme Court of Connecticut · 1826
3Cited by17 opinions
- Upton v. TribilcockSupreme Court of the United States · 1875
- Zell Guano Co. v. HeatherlyWest Virginia Supreme Court · 1893
- Spaulding v. Mutual Life InsuranceSupreme Court of Vermont · 1920
- Redfield v. BuckSupreme Court of Connecticut · 1868
- Clarke v. BlackSupreme Court of Connecticut · 1906
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