Andreas v. Hubbard
Supreme Court of Connecticut
Shit for a foreclosure; brought to the Superior Court in Fairfield County. Tbe mortgage covered three pieces of land, as to only one of which a'foreclosure was now sought. The plaintiff held the mortgage by assignment from an assignee of the original mortgagee.
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Shit for a foreclosure; brought to the Superior Court in Fairfield County. Tbe mortgage covered three pieces of land, as to only one of which a'foreclosure was now sought. The plaintiff held the mortgage by assignment from an assignee of the original mortgagee. The following facts were found by a committee: The three tracts of land described in the petition were mortgaged by Albert Seeley to Heth Stevens, to secure the payment of the note of Seeley to Stevens for $1,000, on the 18th day of May, 1857. The mortgage contained the usual covenants of warranty and seizin. Heth Stevens died January…
1Opinion of the CourtPark, C. J.
This case presents a nice question of equity law, and one somewhat difficult of solution.
Albert Seeley in 1857 mortgaged to Heth Stevens three pieces of land to secure a note of one thousand dollars. One of these pieces, the only one as to which the question in the case arises, was called the salt meadow; the other two pieces we will call A and B. The plaintiff has become vested with all the interest of Stevens in this mortgage and its security.
In 1866 Seeley mortgaged to Alexander Hubbard the lot known as the salt meadow, and several other parcels of land not included in the Stevens…
2Cases cited5 opinions
- Jones v. Quinnipiack BankSupreme Court of Connecticut · 1860
- Lyon v. SanfordSupreme Court of Connecticut · 1825
- Hunt v. MansfieldSupreme Court of Connecticut · 1863
- Lyon v. RobbinsSupreme Court of Connecticut · 1878
- Osborn v. CarrSupreme Court of Connecticut · 1837
3Cited by5 opinions
- Markham v. SmithSupreme Court of Connecticut · 1935
- Bryson v. Newtown Real Estate & Development Corp.Supreme Court of Connecticut · 1965
- Lomas & Nettleton Co v. DiFrancescoSupreme Court of Connecticut · 1933
- New Haven Bank N. B. A. v. JacksonSupreme Court of Connecticut · 1935
- Scott v. SmithOregon Supreme Court · 1911