Haskell v. Bailey
Supreme Court of Connecticut
This was a bill in equity, praying for the foreclosure of mortgaged premises. No answer to the bill was filed, and the cause was referred to a committee, who made his report to the superior court, holden at Norwich, on the third Tuesday of March, 1853. The committee found, that, on the 22d day of February, 1833, the defendant, Bailey, made and delivered to Joseph Bailey, the intestate, then in full life, since deceased, his promissory note, of that date, for the sum of…
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This was a bill in equity, praying for the foreclosure of mortgaged premises. No answer to the bill was filed, and the cause was referred to a committee, who made his report to the superior court, holden at Norwich, on the third Tuesday of March, 1853. The committee found, that, on the 22d day of February, 1833, the defendant, Bailey, made and delivered to Joseph Bailey, the intestate, then in full life, since deceased, his promissory note, of that date, for the sum of $1,278.99, payable on demand, with annual interest; and, to secure the payment of said note, executed a mortgage of the…
1Opinion of the CourtWaitk, J.
The mortgagee, in the present case, and those who claim under him, have suffered the mortgagor to remain in the undisturbed possession of the mortgaged premises, for a period of more than fifteen years, without requiring payment of any portion of the debt, or the performance of any act, recognizing the continued existence of the mortgage. And the question now is, whether, after the lapse of that time, the plaintiff, as the legal representative of the mortgagee, is entitled to a decree of foreclosure.
*572That lapse of time will-bar a suit in equity, even where no statute of limitations directly…
2Cases cited2 opinions
- Piatt v. VattierSupreme Court of the United States · 1835
- Doddridge v. ThompsonSupreme Court of the United States · 1824
3Cited by9 opinions
- Cape Girardeau County ex rel. Road & Canal Fund v. HarbisonSupreme Court of Missouri · 1874
- Brenner v. QuickIndiana Supreme Court · 1883
- Arnold v. HollisterSupreme Court of Connecticut · 1944
- Goodwin v. KeneySupreme Court of Connecticut · 1880
- Byrd v. McDanielSupreme Court of Alabama · 1858
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