Huntington v. Smith
Supreme Court of Connecticut
This was a scire-facias, stating, That by the consideration of the county court for Litchfield county, held at Litchfield on the fourth Tuesday of March, 1817, the plaintiff recovered a judgment against the defendant and one Miles Tobey, for the sum of 216 dollars, 43 cents, and had execution for the same; which execution the plaintiff put into the hands of William P. Russell, a deputy sheriff, to execute; who, on the 18th of May, 1817, levied the same upon a piece of land…
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This was a scire-facias, stating, That by the consideration of the county court for Litchfield county, held at Litchfield on the fourth Tuesday of March, 1817, the plaintiff recovered a judgment against the defendant and one Miles Tobey, for the sum of 216 dollars, 43 cents, and had execution for the same; which execution the plaintiff put into the hands of William P. Russell, a deputy sheriff, to execute; who, on the 18th of May, 1817, levied the same upon a piece of land in Norfolk, particularly described in his return, supposing it to be the property of the defendant, and caused it to be…
1Opinion of the Court
Hosmer, Ch. J.
On the first plea in the case before us, the only question is, whether after the expiration of the law-day, and before an entry or foreclosure, the interest of a mortgagee in the premises mortgaged may be set off on execution.
The fee-simple of the land mortgaged is in the mortgagor; and the mortgagee, before entry or foreclosure, has, at most, a chose in action, and a right to the possession, in order to render the mortgage available to the payment of his debt. The mortgage is an incident only to the debt, which is the principal; it cannot be detached, from it; distinct from the…
2Cases cited3 opinions
- Blanchard v. ColburnMassachusetts Supreme Judicial Court · 1820
- Fish v. FishSupreme Court of Connecticut · 1816
- President of Portland Bank v. HallMassachusetts Supreme Judicial Court · 1816
3Cited by15 opinions
- Doe ex dem Duval's heirs v. McLoskeySupreme Court of Alabama · 1840
- Ellis v. Boston, Hartford & Erie RailroadMassachusetts Supreme Judicial Court · 1871
- Modisett v. JohnsonIndiana Supreme Court · 1831
- Humphrey v. GerardSupreme Court of Connecticut · 1910
- Clark v. BeachSupreme Court of Connecticut · 1826
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