Dudley v. Cadwell
Supreme Court of Connecticut
This was an action of ejectment for a parcel of land in the city of New-Raven. The cause was tried, on the general issue, at New-Raven, January term 1848, before Hinrnan, J. To establish a title in the plaintiff, he introduced evidence to prove, and claimed that he had proved, the following facts.
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This was an action of ejectment for a parcel of land in the city of New-Raven. The cause was tried, on the general issue, at New-Raven, January term 1848, before Hinrnan, J. To establish a title in the plaintiff, he introduced evidence to prove, and claimed that he had proved, the following facts. On the 18th of December 1829, John $. Cadwell, the defendant, being the owner of the demanded premises, executed a mortgage deed thereof to Nathaniel Bacon, to secure the payment of a promissory note for 1400 dollars. On the 8th of December 1841, the mortgage debt to Bacon being unpaid, the…
1Opinion of the Court
CnuRCH, Ch. J.
Cadwell, the defendant, was once the owner of the land now in dispute; and on the 18th day of December, 1829, he mortgaged it to Nathaniel Bacon, and on the 8th day of December 1841, he mortgaged the same land to Ralph B. Steele, the first mortgage remaining unpaid ; so that Steele came in as second mortgagee, and so remained, holding under a deed with covenants from the defendant, until the 10th day of February 1842, when he *225bought in, from Bacon, the first mortgage, and received from him a quit-claim deed ; and thus, as the plaintiff-claimed, Steele then had the entire legal…
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