Watson v. Ruderman
Supreme Court of Connecticut
Action to foreclose a mortgage of real estate made by an infant, brought to and tried by the Court of Common Pleas in Fairfield County, Ourtis, J.; judgment for defendant, and appeal by plaintiff. The complaint is one framed in the ordinary form of a foreclosure of a mortgage of lands. The defendant is described as the maker of the note and mortgage.
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Action to foreclose a mortgage of real estate made by an infant, brought to and tried by the Court of Common Pleas in Fairfield County, Ourtis, J.; judgment for defendant, and appeal by plaintiff. The complaint is one framed in the ordinary form of a foreclosure of a mortgage of lands. The defendant is described as the maker of the note and mortgage. The defendant pleaded infancy,^ alleging that at the time the note and mortgage were made by him, to wit, January 18th, 1906, he was only nineteen years of age. The plaintiff in his reply admitted these allegations of infancy, and then proceeded,…
1Opinion of the CourtPrentice, J.
The plaintiff contends that the court’s action in sustaining the demurrer to the reply was erroneous, for reasons which, in the brief of counsel, are resolved into three, to wit: first, because, for the purposes of the demurrer, the defendant must be regarded as having waived the defense of infancy, since it was not therein specifically appealed to; second, because a foreclosure might have been properly awarded upon the facts set up; and third, because equity might grant relief either by compelling the infant defendant to elect to affirm or disaffirm the transaction, or •by making such…
2Cases cited18 opinions
- Williamson v. JonesWest Virginia Supreme Court · 1897
- Sims v. EverhardtSupreme Court of the United States · 1880
- Kline v. BeebeSupreme Court of Connecticut · 1827
- Kilgore v. JordanTexas Supreme Court · 1856
- Rice v. BoyerIndiana Supreme Court · 1886
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3Cited by3 opinions
- MacKey v. DobruckiSupreme Court of Connecticut · 1933
- Creer v. Active Auto Exchange, Inc.Supreme Court of Connecticut · 1923
- Frogge v. ShugrueSupreme Court of Connecticut · 1940