Roath v. Smith
Supreme Court of Connecticut
IN ERROR. This was a bill in chancery for a foreclosure of mortgaged premises, brought originally to the county court in New-London county. The plaintiffs were Francis, Edward, Mary-Ann, Fanny and Elizabeth Smith, who were averred to be children, and the only heirs at law, of Francis Smith deceased, the mortgagee. The defendants were Rufus Roath, the mortgagor, and Walter Roath, assignee of the equity of redemption.
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IN ERROR. This was a bill in chancery for a foreclosure of mortgaged premises, brought originally to the county court in New-London county. The plaintiffs were Francis, Edward, Mary-Ann, Fanny and Elizabeth Smith, who were averred to be children, and the only heirs at law, of Francis Smith deceased, the mortgagee. The defendants were Rufus Roath, the mortgagor, and Walter Roath, assignee of the equity of redemption. They pleaded in abatement, that the bill was not duly signed; averring, that said Francis Smith, who was an adult, had not signed the bill, either by himself or his attorney, and…
1Opinion of the Court
Hosmer, Ch. J.
The bill having been signed by the attorney of Francis Smith, in his name, and by the attorney of the guardian, in his name, and in the names of the minors, the objection that it was not duly subscribed, cannot he supported.
The replication, to the defendants’ plea of abatement, comprises an affirmative averment of the facts, which in the plea *135fed been negated, and without the introduction of any new matter; and where there is an affirmation on the one side, and a negation on the other, or vice versa, the condition must be to the contrary. 1 Wms. Saund. 101. n. 1.—1 Chitt. Plead.…
2Cases cited2 opinions
- Morgan v. ChesterSupreme Court of Connecticut · 1822
- Fish v. FishSupreme Court of Connecticut · 1816
3Cited by12 opinions
- Ladue v. Detroit & Milwaukee RailroadMichigan Supreme Court · 1865
- Swift v. EdsonSupreme Court of Connecticut · 1825
- Gibson v. BaileySuperior Court of New Hampshire · 1838
- Bates v. CoeSupreme Court of Connecticut · 1834
- Lynch v. SkellySupreme Court of Connecticut · 1951
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