Hart v. Chalker
Supreme Court of Connecticut
This was a bill in chancery to foreclose mortgaged premises. The bill stated, that on the 10th of May, 1834, William Chalker was justly indebted to Richard W. Hart, (since deceased,) by note of that date, in the sum of 1366 dollars, payable on demand, with interest; that to secure the payment of this note, Chalker, on the same day, executed and delivered to Hart a deed, conveying to him certain lagds, (which were particularly described,) to which deed the following condition…
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This was a bill in chancery to foreclose mortgaged premises. The bill stated, that on the 10th of May, 1834, William Chalker was justly indebted to Richard W. Hart, (since deceased,) by note of that date, in the sum of 1366 dollars, payable on demand, with interest; that to secure the payment of this note, Chalker, on the same day, executed and delivered to Hart a deed, conveying to him certain lagds, (which were particularly described,) to which deed the following condition was annexed: “The condition of this deed is, that whereas said William Chalker has, this day, executed his note of hand…
1Opinion of the Court
Williams, Ch. J.
The simple question in this case, is, Whether a deed with a condition to secure a note of even daté therewith, payable to the mortgagee, on demand, with inter-, est, is so described, that, as against a subsequent mortgagee; if will stand as security for a note of 1,366 dollars ; that being understood, by the parties, to be the sum secured by the deed;
Having so often, and so recently, had this subject presented to the court, it seems unnecessary to examine the question very minutely. Our recording system, in its spirit, requires, that the record should disclose, with as much…
2Cases cited2 opinions
- Pettibone v. GriswoldSupreme Court of Connecticut · 1822
- Town of Middletown v. SageSupreme Court of Connecticut · 1830
3Cited by20 opinions
- Dart & Bogue Co. v. SlosbergSupreme Court of Connecticut · 1987
- Sadd v. HeimSupreme Court of Connecticut · 1956
- First National Bank v. National Grain CorporationSupreme Court of Connecticut · 1925
- Ives v. StoneSupreme Court of Connecticut · 1884
- Andretta v. Fox New England Theatres, Inc.Supreme Court of Connecticut · 1931
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