Sperry v. Butler, Trustee
Supreme Court of Connecticut
Action of foreclosure, brought to tbe City Court of Hartford, wliere successive demurrers to the complaint and amended complaint were overruled, and the case was tried to the court, Morse, J.; facts found and judgment rendered for possession only, and appeal by each party for alleged errors in the rulings and judgment of the court.
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Action of foreclosure, brought to tbe City Court of Hartford, wliere successive demurrers to the complaint and amended complaint were overruled, and the case was tried to the court, Morse, J.; facts found and judgment rendered for possession only, and appeal by each party for alleged errors in the rulings and judgment of the court. The plaintiff brought his action in ordinary form for the foreclosure of a second mortgage, which, as also the note secured thereby, he held by assigument and indorsement, respectively. The complaint also recited that certain taxes upon the mortgaged premises for…
1Opinion of the CourtPrentice, J.
The controlling questions of law, concerning which the parties are at issue upon their appeals, are two: First as to the right of the plaintiff to have a judgment for possession, and second, as to his right to have a judgment of foreclosure of the tax and assessment liens.
With respect to the first question, which is the one raised by the defendants’ appeal, it is to be observed that the claim made in the trial court, upon this branch of the case, was that a judgment for possession of mortgaged premises before the expiration of the law-day could not be lawfully rendered in favor of a mortgagee.
2Cases cited7 opinions
- Bibbins v. W. W. Clark & Co.Supreme Court of Iowa · 1894
- Hinchman v. MorrisWest Virginia Supreme Court · 1887
- Rockwell v. BradleySupreme Court of Connecticut · 1816
- Griffing v. PintardMississippi Supreme Court · 1852
- Hart v. TiernanSupreme Court of Connecticut · 1890
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Home Owners' Loan Corp. v. Sears, Roebuck & Co.Supreme Court of Connecticut · 1937
- National Bank v. Equity InvestorsWashington Supreme Court · 1976
- Swist v. SwistSupreme Court of Connecticut · 1928
- City of Bridgeport v. Equitable Title & Mortgage Co.Supreme Court of Connecticut · 1927
- Wesson, Inc. v. HychkoSupreme Court of Connecticut · 1987
9 more not listed; retrieve them via the Exa API.