Skinner v. Smith
Supreme Court of Connecticut
In the Court below, THIS was a petition in chancery to redeem certain mortgaged, lands, brought to the Superior Court, in April, 1799. The petition stated, that on the 20th of August, 1760, the petitioner was indebted to Elnathan Smith, in the sum of 29 /, and mortgaged to him a tract of land containing about sixty acres, as security for the payment of that sum, within three years ; that the petitioner remained in possession till March, 1767, and then leased the premises to…
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In the Court below, THIS was a petition in chancery to redeem certain mortgaged, lands, brought to the Superior Court, in April, 1799. The petition stated, that on the 20th of August, 1760, the petitioner was indebted to Elnathan Smith, in the sum of 29 /, and mortgaged to him a tract of land containing about sixty acres, as security for the payment of that sum, within three years ; that the petitioner remained in possession till March, 1767, and then leased the premises to Samuel Owen and Seth Owen, who immediately took possession; that on the 20th of October, 1767, El-nathan Smith conveyed…
1Opinion of the Court
By the Court.
Although it cannot be admitted as a rule, that a mortgagor shall have fifteen years to redeem, for that special circumstances may limit his equity to a shorter period ; yet it may be adopted as a rule, that the mortgagee being in possession, a mortgagor shall not have more than fifteen years to redeem, after his equitable right has aeciued, unless the delay shall be accounted for, by statute disabilities, or other special cir*128cumstances, that may be considered equivalent. For, a mortgagee, who has paid a valuable consideration, and acquired a possession by law, should not be in a…
2Cited by5 opinions
- Arnold v. HollisterSupreme Court of Connecticut · 1944
- Jarvis v. WoodruffSupreme Court of Connecticut · 1852
- Whitney v. FrenchSupreme Court of Vermont · 1853
- McVickar v. FilerMichigan Supreme Court · 1875
- Brock v. SavageSupreme Court of Pennsylvania · 1858