North v. Belden
Supreme Court of Connecticut
IN ERROR. This was a bill of foreclosure. On the 3rd of October 1828, the defendant Belden mortgaged a piece of land to the plaintiff, to secure the^payment of a promissory note for 200 dollars and interest.
Read the full summary
IN ERROR. This was a bill of foreclosure. On the 3rd of October 1828, the defendant Belden mortgaged a piece of land to the plaintiff, to secure the^payment of a promissory note for 200 dollars and interest. On the 11th of March 1836, Belden mortgaged another piece of land to the plaintiff, the condition of the mortgage deed being as follows: “ Whereas the said Belden is indebted to said North in the sum of 500 dollars, by note, payable on demand, and dated the 8th of March 1836 ; now if said note is not paid within two years from date, this deed is to remain in force, but otherwise, if paid…
1Opinion of the Court
Wimjams, Ch. J.
A variety of facts are stated in the pleadings, which are unimportant in considering the question upon which the case was ultimately decided by the court. That question was, which of the two mortgages, North’s or Peck’s, should take priority. The plaintiff, North, had two mortgages, to secure two different debts. As to one of them there was no doubt: the other was to secure a note of 500 dollars. Peck, having a subsequent mortgage upon the same property, claimed a preference, because North’s deed did not disclose the real nature of the transaction between him and Belden. This…
2Cases cited3 opinions
- James v. JohnsonNew York Court of Chancery · 1822
- Weeden v. HawesSupreme Court of Connecticut · 1834
- Sanford v. WheelerSupreme Court of Connecticut · 1839
3Cited by22 opinions
- Dart & Bogue Co. v. SlosbergSupreme Court of Connecticut · 1987
- First National Bank v. National Grain CorporationSupreme Court of Connecticut · 1925
- Bullock v. BattenhousenIllinois Supreme Court · 1883
- Ives v. StoneSupreme Court of Connecticut · 1884
- Connecticut National Bank v. EspositoSupreme Court of Connecticut · 1989
17 more not listed; retrieve them via the Exa API.