Mariners Savings Bank v. Duca
Supreme Court of Connecticut
Application to the Superior Court in New London County praying for the return of $1,600 paid by the applicant as part of the purchase price of real estate which he had bid in at its foreclosure sale, which he was afterward unable or unwilling to consummate; the court, Webb, J., heard the parties interested and granted thé application, and from this judgment the third mortgagee, who purchased the property- at a later foreclosure sale, appealed. No error.
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Application to the Superior Court in New London County praying for the return of $1,600 paid by the applicant as part of the purchase price of real estate which he had bid in at its foreclosure sale, which he was afterward unable or unwilling to consummate; the court, Webb, J., heard the parties interested and granted thé application, and from this judgment the third mortgagee, who purchased the property- at a later foreclosure sale, appealed. No error. Judgment of foreclosure by sale was rendered by the court in this case on March 24th, 1922, and a committee appointed to make sale. ' The…
1Opinion of the CourtKeelek, J.
The petitioner based his application for return of the deposit made by him on two grounds: first, that the sale to him had never been ratified by the court; and second, that the notices given by the committee, at the time of the second sale of the mortgaged property, disclosed the existence of the restrictive covenant as set forth in the finding of facts, and also that a forfeiture of any deposit made would occur in case the purchaser failed to complete the sale and take title, as to both of which provisions no mention was made at the earlier sale at which the petitioner bid in the property.
It…
2Cases cited14 opinions
- Riggs v. . PursellNew York Court of Appeals · 1878
- Camden v. MayhewSupreme Court of the United States · 1889
- Fisher v. . HerseyNew York Court of Appeals · 1879
- Green v. AnsleySupreme Court of Georgia · 1893
- Hill v. HillIllinois Supreme Court · 1871
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3Cited by14 opinions
- Banca Commerciale Italiana Trust Co. v. Westchester Artistic Works, Inc.Supreme Court of Connecticut · 1928
- Washington Trust Co. v. SmithSupreme Court of Connecticut · 1997
- Citicorp Mortgage, Inc. v. BurgosSupreme Court of Connecticut · 1993
- New England Bank & Trust Co. v. Loubier (In Re Loubier)United States Bankruptcy Court, D. Connecticut · 1980
- Wilcox v. Willard Shopping Center AssociatesConnecticut Appellate Court · 1990
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