Bull v. Meloney
Supreme Court of Connecticut
Writ of error from a decree upon a bill for a foreclosure. The decree had been passed upon the default of the respondent. The bill was claimed by the plaintiff in error to be defective in not showing an interest in the mortgaged premises on the part of the petitioner. The decree, which followed substantially the language of the bill, was claimed to be defective for the same reason.
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Writ of error from a decree upon a bill for a foreclosure. The decree had been passed upon the default of the respondent. The bill was claimed by the plaintiff in error to be defective in not showing an interest in the mortgaged premises on the part of the petitioner. The decree, which followed substantially the language of the bill, was claimed to be defective for the same reason. The part of the bill, important to the present case, was as follows : The petition of Norman Meloney, of, &c., respectfully represents, that on the 28th day of April, A. D. 1857, George A. Bull, of, &c., was justly…
1Opinion of the CourtEllsworth, J.
The question raised upon this writ of error is, whether it be necessary to aver distinctly in a bill *562for foreclosure, that the petitioner has title to the mortgaged premises.
It is said that some years since there was a decision on the circuit by Chief Justice Hosmer to this effect, and that that decision has been followed by other judges, and confirmed by the practice of the profession, until it has become the law of the state. On the other hand, it is said that the decision was not at the time satisfactory to the bar, and has not been generally approved or acquiesced in since; that the rule…
2Cases cited5 opinions
- Frink v. BranchSupreme Court of Connecticut · 1844
- Broome v. BeersSupreme Court of Connecticut · 1826
- Palmer's administrators v. MeadSupreme Court of Connecticut · 1828
- Cowles v. WoodruffSupreme Court of Connecticut · 1830
- Alling v. SheltonSupreme Court of Connecticut · 1844
3Cited by8 opinions
- DeWolf v. A. & W. Sprague Manufacturing Co.Supreme Court of Connecticut · 1881
- Pettus v. GaultSupreme Court of Connecticut · 1908
- Franklin v. HarperNew Mexico Supreme Court · 1926
- Chapin v. WalkerUnited States Circuit Court · 1881
- Chapin v. WalkerUnited States Circuit Court · 1880
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