Osborn v. Carr
Supreme Court of Connecticut
The first of these was a bill in chancery, followed by a supplemental bill, brought by Abijah Osborn and David W. Prescott, against William H. Carr, Amasa Goodyear, Stephen Bateman, Charles Perkins and Alvin Sperry, seeking a foreclosure of mortgaged premises; to which Carr filed his answer, but the other defendants made no answer.
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The first of these was a bill in chancery, followed by a supplemental bill, brought by Abijah Osborn and David W. Prescott, against William H. Carr, Amasa Goodyear, Stephen Bateman, Charles Perkins and Alvin Sperry, seeking a foreclosure of mortgaged premises; to which Carr filed his answer, but the other defendants made no answer. The other was a cross-bill, filed by William H. Carr, against the plaintiffs in the original and supplemental bills, and Gerard Hallock ; to which Hallock separately, and Osborn and Prescott jointly, filed their answers. > On a hearing upon the matters set forth in…
1Opinion of the CourtHuntington, J.
This case embraces such a variety of persons, dates and conveyances, that it appears somewhat complicated. It is believed, however, that a careful examination and distinct understanding of these particulars, will render the precise question to be decided, extremely clear.
As no relief is sought by the plaintiffs, or by Carr, against Benham & Brown, and Isbell, Terrell & Tomlinson, the conveyances to them, in that view, may be laid out of the case. They are not made parties to these proceedings; and consequently, no decree can now pass against them. Independent, however, of the fact that they…
2Cases cited3 opinions
- Cheesebrough v. MillardNew York Court of Chancery · 1815
- Stevens v. CooperNew York Court of Chancery · 1815
- Franklin v. GorhamSupreme Court of Connecticut · 1805
3Cited by6 opinions
- Beach v. OsborneSupreme Court of Connecticut · 1902
- Wenz v. PasteneMassachusetts Supreme Judicial Court · 1911
- Markham v. SmithSupreme Court of Connecticut · 1935
- Hunt v. MansfieldSupreme Court of Connecticut · 1863
- Andreas v. HubbardSupreme Court of Connecticut · 1882
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