Colwell v. Warner
Supreme Court of Connecticut
Writ of Error to reverse a decree of tlie Superior Court for New Haven county, {Phelps, J.,~) upon a petition to redeem certain mortgaged premises, brought by the plaintiff in error against the defendant in error, in which the court dismissed the petition and granted the prayer of the cross-bill of the respondent.
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Writ of Error to reverse a decree of tlie Superior Court for New Haven county, {Phelps, J.,~) upon a petition to redeem certain mortgaged premises, brought by the plaintiff in error against the defendant in error, in which the court dismissed the petition and granted the prayer of the cross-bill of the respondent. The petition alleged that on the first day of January, 1853, the petitioner was the owner in fee simple of a tract of land in the town of New Haven, which was described in the petition ; that on the 12th of November, 1853, the petitioner executed to one Gorham a mortgage of the…
1Opinion of the CourtCarpenter, J.
Before proceeding to discuss the principal question involved in this case, we will dispose of one or two questions of less importance.
1. It is insisted by the plaintiff in error that the Superior Court had no power to amend the decree passed by the court upon the defendant’s petition for a foreclosure.
The plaintiff appeared to defend that petition, but finally submitted to a decree, agreeing upon a time within which he was to redeem. By mistake and accident the time was not inserted in the decree. The defendant in that petition failed to redeem within the time agreed upon. At the expiration…
2Cases cited3 opinions
- Swift v. EdsonSupreme Court of Connecticut · 1825
- Goodman v. WhiteSupreme Court of Connecticut · 1857
- Broome v. BeersSupreme Court of Connecticut · 1826
3Cited by12 opinions
- Sims v. RigginsSupreme Court of Alabama · 1917
- Mortgage Electronic Registration Systems, Inc. v. WhiteSupreme Court of Connecticut · 2006
- Smith v. VarneySupreme Judicial Court of Maine · 1973
- Barlow Bros. Co. v. ParsonsSupreme Court of Connecticut · 1901
- Lomas & Nettleton Co v. DiFrancescoSupreme Court of Connecticut · 1933
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