Goodwin v. Keney
Supreme Court of Connecticut
Bill for the foreclosure of a mortgage and for possession of the mortgaged premises; brought to the Superior Court in Hartford County.
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Bill for the foreclosure of a mortgage and for possession of the mortgaged premises; brought to the Superior Court in Hartford County. The petition alleged that on the 5th of November, 1846, John K. Goodman of the city of New York made a mortgage to Abigail Goodman of Hartford, to secure a note of $875, of certain real estate situated in the city of Hartford, and which was described in the mortgage as “all the right, title and interest (being one undivided fifth part) of the said John K. Goodman in and to a certain piece of land lying in said city of Hartford, and bounded” &c. [giving the…
1Opinion of the CourtLoomis, J.
This is a petition for foreclosure which is claimed to be insufficient upon five distinct grounds, viz:
1st. That there is no allegation that the petitioner has any subsisting interest in the premises to entitle him to a decree of foreclosure.
2d. That the mortgage has been extinguished by merger in the legal estate.
*4938d. That the original mortgagee was in possession over twenty years, and there is no offer to account in the bill and no showing that upon such accounting anything would be due on the mortgage.
4th. That the possession of the mortgagee for more than fifteen years extinguished the…
2Cases cited5 opinions
- Overholser v. ClarkTennessee Supreme Court · 1850
- Lockwood v. SturdevantSupreme Court of Connecticut · 1827
- Donalds v. PlumbSupreme Court of Connecticut · 1831
- Bassett v. MasonSupreme Court of Connecticut · 1846
- Haskell v. BaileySupreme Court of Connecticut · 1852
3Cited by11 opinions
- Beach v. IsacsSupreme Court of Connecticut · 1926
- Fort Scott Building & Loan Ass'n v. Palatine InsuranceSupreme Court of Kansas · 1906
- Goodwin v. KeneySupreme Court of Connecticut · 1882
- York v. RobbinsTexas Commission of Appeals · 1923
- Skinner v. HaleSupreme Court of Connecticut · 1903
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