Legal Opinion

Gregory v. Savage

Supreme Court of Connecticut

Decided October 15, 1864PublishedCited by 5 opinions

Bill for a foreclosure. The bill alleged that on the 27th of May, 1858, John R. Parker made his promissory note of that date, by which' lie promised to pay, three years after date, to Giles Mandeville or order, three hundred dollars with interest, for value received, and delivered it to Mandeville, and on the same day, to secure the payment of that note with others, made and delivered to Mandeville a mortgage of a piece of land situated in Hartford, of which he was seized in…

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Bill for a foreclosure. The bill alleged that on the 27th of May, 1858, John R. Parker made his promissory note of that date, by which' lie promised to pay, three years after date, to Giles Mandeville or order, three hundred dollars with interest, for value received, and delivered it to Mandeville, and on the same day, to secure the payment of that note with others, made and delivered to Mandeville a mortgage of a piece of land situated in Hartford, of which he was seized in fee simple, [describing it,] which mortgage was on the 19th day of July, 1858, duly recorded in the records of lands of…

1Opinion of the Court

Hinman, O. J.

This is a bill for the foreclosure of mortgaged premises. The petitioners are bona fide holders of a note originally secured by the mortgage in question, and the respondent Savage is the bona fide purchaser of the mortgaged property, and the state of Connecticut, which is also made a respondent, is the mortgagee of Savage. Neither of the respondents had any notice that the property was incumbered at the time of taking their conveyances, and the title appeared by the land records to be in Mandeville, from whom the respondent Savage purchased. Thus far the equities of the parties…

2Cases cited5 opinions

  1. Baldwin v. NortonSupreme Court of Connecticut · 1817
  2. Bassett v. MasonSupreme Court of Connecticut · 1846
  3. Orvis v. NewellSupreme Court of Connecticut · 1845
  4. Quinebaug Bank v. FrenchSupreme Court of Connecticut · 1845
  5. Osgood v. Thompson BankSupreme Court of Connecticut · 1861

3Cited by5 opinions

  1. McClaskey v. O'BrienWest Virginia Supreme Court · 1879
  2. Second National Bank of New Haven v. DyerSupreme Court of Connecticut · 1936
  3. Bell v. TennyOhio Supreme Court · 1876
  4. Skeele v. StockerAppellate Court of Illinois · 1882
  5. Turpin v. OgleAppellate Court of Illinois · 1879

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