Brooks v. Benham
Supreme Court of Connecticut
Suit to foreclose two mortgages, brought by appeal to the Superior Court in New Haven County where judgment was rendered, Cr. W. Wheeler, J., for the plaintiff, from which the defendants appealed for alleged erroneous rulings. The report of the committee which was accepted by the court, stated the following facts Eugene A. Benham, in 1886, to secure his note for $4,500 mortgaged a ten acre tract of land in Waterbury to tbe plaintiff.
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Suit to foreclose two mortgages, brought by appeal to the Superior Court in New Haven County where judgment was rendered, Cr. W. Wheeler, J., for the plaintiff, from which the defendants appealed for alleged erroneous rulings. The report of the committee which was accepted by the court, stated the following facts Eugene A. Benham, in 1886, to secure his note for $4,500 mortgaged a ten acre tract of land in Waterbury to tbe plaintiff. It had been mapped out into 28 building lots, and shortly after the mortgage the map was recorded in the Waterbury land records. A street called Benham street…
1Opinion of the CourtBaldwin, J.
He who takes a mortgage of several parcels of land, which together are worth more than the amount of his debt, and are subsequently sold by the owner of the equity of redemption, at the same time, to different persons, owes a *97certain duty to each of these. He ought not to release his security as to, any parcel in such a manner as to increase the burden on the rest. He has no right, without the consent of all, to bargain with any of these purchasers for the release of his parcel, on payment of less than its fair share of the whole debt. While the whole of the debt is secured by the whole of…
2Cases cited2 opinions
- Stevens v. CooperNew York Court of Chancery · 1815
- Ansonia National Bank's Appeal from CommissionersSupreme Court of Connecticut · 1889
3Cited by10 opinions
- Bernkrant v. FowlerCalifornia Supreme Court · 1961
- City Lumber Co. of Bridgeport, Inc. v. MurphySupreme Court of Connecticut · 1935
- Cion v. SchupackSupreme Court of Connecticut · 1925
- Markham v. SmithSupreme Court of Connecticut · 1935
- Bradford Realty Corporation v. BeetzSupreme Court of Connecticut · 1928
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