King v. Kilbride
Supreme Court of Connecticut
Two suits for foreclosure between the same parties upon two mortgages; brought to the Superior Court in New Haven County, and heard together before Fenn, J. A single finding of the facts was made in the two cases and' a decree urns passed for the plaintiff in both cases, but in one of them for less than the amount claimed. The plaintiff appealed in the last mentioned case, and the Fountain Water Company, a defendant in both cases, appealed in both.
Read the full summary
Two suits for foreclosure between the same parties upon two mortgages; brought to the Superior Court in New Haven County, and heard together before Fenn, J. A single finding of the facts was made in the two cases and' a decree urns passed for the plaintiff in both cases, but in one of them for less than the amount claimed. The plaintiff appealed in the last mentioned case, and the Fountain Water Company, a defendant in both cases, appealed in both. The facts are sufficiently stated in the opinion. The cases were argued together in this court.
1Opinion of the CourtAndrews, C. J.
These are two actions between the same parties brought on separate mortgages and each claiming a foreclosure and the possession of the same land. It appears that on the first day of June, 1887, the plaintiff owned two tracts of land, one containing ten acres and the other, his homestead, containing one acre. On that day he mortgaged both pieces to Thomas A. Nelson to secure his note for $1,100, payable to said Nelson, or order, on demand, with interest. On the 29th day of the same month he sold and conveyed the ten acre .piece to Wm. B. Kilbride, by a *115deed in which the covenant against…
2Cases cited7 opinions
- Burnes v. ScottSupreme Court of the United States · 1886
- Allen v. RundleSupreme Court of Connecticut · 1882
- Booth v. StarrSupreme Court of Connecticut · 1814
- Brown v. FalesMassachusetts Supreme Judicial Court · 1885
- Sterling v. PeetSupreme Court of Connecticut · 1841
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Klebe v. United StatesSupreme Court of the United States · 1923
- Dart & Bogue Co. v. SlosbergSupreme Court of Connecticut · 1987
- Weinhouse v. CroninSupreme Court of Connecticut · 1896
- Perkins v. AugustSupreme Court of Connecticut · 1929
- Reed v. StevensSupreme Court of Connecticut · 1919
8 more not listed; retrieve them via the Exa API.