McKelvey v. Creevey
Supreme Court of Connecticut
Action of replevin by a mortgagee for a furnace sold by tlie mortgagor to the defendant, by whom it was removed from the mortgaged premises, brought before a justice of the peace and thence by the defendant’s appeal to the Court of Common Pleas in Fairfield County and tried to the court, Curtis, J.; facts found and judgment rendered for the defendant, and appeal by the plaintiff for alleged errors in the rulings of the court.
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Action of replevin by a mortgagee for a furnace sold by tlie mortgagor to the defendant, by whom it was removed from the mortgaged premises, brought before a justice of the peace and thence by the defendant’s appeal to the Court of Common Pleas in Fairfield County and tried to the court, Curtis, J.; facts found and judgment rendered for the defendant, and appeal by the plaintiff for alleged errors in the rulings of the court. The finding states the following facts: On the 25th of January, 1895, Mary H. Hall, being the owner of a parcel of land in Bridgeport, executed and delivered a mortgage…
1Opinion of the CourtTorbance, J.
In the court below and in the argument before this court, the case proceeded upon the assumption that the furnace in question was conveyed by the mortgage as a part of the real estate, by way of fixture, and for the purposes of the argument we adopt this assumption.
Upon the facts found the furnace must be regarded as having been severed from the realty by the mortgagor in possession before foreclosure, and as having been afterwards sold by her to the defendant, who bought with constructive notice of the mortgage, but otherwise in good faith and for value. The question presented upon the…
2Cases cited14 opinions
- Waterbury Savings Bank v. LawlerSupreme Court of Connecticut · 1878
- Ensign v. BattersonSupreme Court of Connecticut · 1896
- Sherwood v. City of LafayetteIndiana Supreme Court · 1887
- Southbridge Savings Bank v. MasonMassachusetts Supreme Judicial Court · 1888
- Cooper v. DavisSupreme Court of Connecticut · 1843
9 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Conference Center Ltd. v. TRC—The Research Corp.Supreme Court of Connecticut · 1983
- Red Rooster Construction Co. v. River Associates, Inc.Supreme Court of Connecticut · 1993
- Glotzer v. KeyesSupreme Court of Connecticut · 1939
- Desiderio v. IadonisiSupreme Court of Connecticut · 1932
- Lieberman, Loveman Cohn v. KnightTennessee Supreme Court · 1925
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