Legal Opinion

Rood v. Welch

Supreme Court of Connecticut

Decided February 15, 1859PublishedCited by 11 opinions

Bill for a foreclosure of a mortgage of household furniture. The respondent, Welch, defended as the trustee in insolvency of the estate of the mortgagor, J. S. Rood, which was assigned to him under the insolvent act, after the mortgage was made.

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Bill for a foreclosure of a mortgage of household furniture. The respondent, Welch, defended as the trustee in insolvency of the estate of the mortgagor, J. S. Rood, which was assigned to him under the insolvent act, after the mortgage was made. The condition of the mortgage was as follows: “ Whereas the said David A. has, at the special request of the said J. S., indorsed certain promissory notes given to sundry persons and corporations in his ordinary business, and as said David A. may be liable to pay said notes so- by him indorsednow if the said J. S. shall well and truly pay all notes so…

1Opinion of the Court

Sanford, J,

By the well settled law of Connecticut, a mortgage, as w'ell as an absolute sale, of personal property, capable of immediate delivery, is, as against creditors and subsequent *132purchasers, fraudulent and void, unless the possession of the property accompanies and follows the transfer.

But, by statute, (Rev. Stat., tit. 20, sec. 3,) whenever the owner of any dwelling-house, having a family, shall, for any debt' or duty, mortgage said dwelling-house, and the mortgage shall convey the household furniture belonging to the owner of said dwelling-house, and used therein by him in…

2Cases cited3 opinions

  1. Lyon v. LymanSupreme Court of Connecticut · 1831
  2. Pettibone v. GriswoldSupreme Court of Connecticut · 1822
  3. Mix v. CowlesSupreme Court of Connecticut · 1850

3Cited by11 opinions

  1. Stuart v. FoxSupreme Judicial Court of Maine · 1930
  2. Ives v. StoneSupreme Court of Connecticut · 1884
  3. Andretta v. Fox New England Theatres, Inc.Supreme Court of Connecticut · 1931
  4. Northern Pacific & Montana Railway Co. v. ForbisMontana Supreme Court · 1895
  5. Sanborn v. Van DuyneSupreme Court of Minnesota · 1903

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