Swift v. Edson
Supreme Court of Connecticut
This was a bill in chancery for a foreclosure and other relief. On a hearing before the superior court in Fairfield county, the facts were found; and the case was reserved for the opinion of this Court. Daniel S. Godfrey, being indebted, by note, to Mary Kent, the plaintiff’s testatrix, in the sum of 2,950 dollars, on the 23rd of March, 1813, mortgaged to her a tract of land, as collateral security.
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This was a bill in chancery for a foreclosure and other relief. On a hearing before the superior court in Fairfield county, the facts were found; and the case was reserved for the opinion of this Court. Daniel S. Godfrey, being indebted, by note, to Mary Kent, the plaintiff’s testatrix, in the sum of 2,950 dollars, on the 23rd of March, 1813, mortgaged to her a tract of land, as collateral security. In November, 1816, as further security for the same note, he mortgaged to her the undivided moiety of four tracts of land, held in common with David B. Godfrey; one of which tracts contained about…
1Opinion of the Court
Hosmer, Ch. J.
I will, in the first place, remove from consideration certain controverted points, that the merits of the case may appear more perspicuously.
That the tract of land mortgaged to Hoyt, of which mortgage Sarah Hubbell is the assignee, has not been foreclosed, is unquestionable. Mrs. Hubbell, was no party to the bill for foreclosure; and, of consequence, her equity of redemption was not affected by the decree passed upon it. 2 Pow. Mort. 1055. Smith v. Chapman & al. 4 Conn. Rep. 344. 346. To the foreclosure of Mrs. Hubbell, unless she pay the incumbrance, there is no objection.
The…
2Cases cited3 opinions
- Derby Bank v. LandonSupreme Court of Connecticut · 1819
- Roath v. SmithSupreme Court of Connecticut · 1823
- Smith v. ChapmanSupreme Court of Connecticut · 1822
3Cited by25 opinions
- Desiderio v. IadonisiSupreme Court of Connecticut · 1932
- City Lumber Co. of Bridgeport, Inc. v. MurphySupreme Court of Connecticut · 1935
- Staples v. HendrickSupreme Court of Connecticut · 1915
- Miller v. ThompsonMichigan Supreme Court · 1876
- Murdock v. FordIndiana Supreme Court · 1861
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