Franklin v. Gorham
Supreme Court of Connecticut
In the Court below, T. HIS was a petition in chancery to redeem mortgaged premises. The following facts were stated in the petition, and found by the Court: Nathaniel Scribner, seised in fee of two pieces of real estate, one lying in Norwalk, the other in Fairfield, mortgaged them to Jerusha Graham, on the 4th of January, 1797, by distinct deeds, each conditioned for the payment of the whole mortgage money.
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In the Court below, T. HIS was a petition in chancery to redeem mortgaged premises. The following facts were stated in the petition, and found by the Court: Nathaniel Scribner, seised in fee of two pieces of real estate, one lying in Norwalk, the other in Fairfield, mortgaged them to Jerusha Graham, on the 4th of January, 1797, by distinct deeds, each conditioned for the payment of the whole mortgage money. On the 23d of October, 1797, the petitioners attached all the right of the mortgagor in the Fairfield estate. On the 17th of December following, the respondents, as creditors of Scribner,…
1Opinion of the Court
By the Court
unanimously, the judgment was reversed.
'The respective estates in Norwalk and Fairfield, though comprised in two separate deeds, form but one entire pledge for the security of the debt due to Mrs. Graham. ; on the payment of which, according to the terms of the condition in each deed, both would have been released ; on failure, both were still subject to an equity of redemption in the mortgagor.
An equity of redemption is indivisible ; and though liable tobe attached, and set off in satisfaction of a debt, as the property of the mortgagor, cannot be apportioned among creditors.
As…
2Cited by7 opinions
- Lomas & Nettleton Co v. DiFrancescoSupreme Court of Connecticut · 1933
- Davenport v. LaconSupreme Court of Connecticut · 1845
- Cross v. RobinsonSupreme Court of Connecticut · 1851
- Osborn v. CarrSupreme Court of Connecticut · 1837
- Young v. WilliamsSupreme Court of Connecticut · 1845
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