Lockwood v. Tracy
Supreme Court of Connecticut
Assumpsit for rent for tlie use and occupation of certain premises; brought to the Court of Common Pleas of Fairfield County, and tried to the court, on the general issue, before Mall, J. The suit was brought by the plaintiff as assignee of one Seeley. Seeley between the years 1866 and 1873 had made several mortgages, embracing the premises in question, to one Hubbard, and had made- later mortgages in 1874 and 1875 to one Daskam and one Godfrey.
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Assumpsit for rent for tlie use and occupation of certain premises; brought to the Court of Common Pleas of Fairfield County, and tried to the court, on the general issue, before Mall, J. The suit was brought by the plaintiff as assignee of one Seeley. Seeley between the years 1866 and 1873 had made several mortgages, embracing the premises in question, to one Hubbard, and had made- later mortgages in 1874 and 1875 to one Daskam and one Godfrey. Prior to July, 1876, Seeley leased by parol a portion of the mortgaged premises to the defendant’ Tracy, the lease ,to commence July 1st. In…
1Opinion of the CourtGranger, J.
The main question in this case is substantially disposed of in the cases of Rockwell v. Bradley, 2 Conn., 1, Wakeman v. Banks, 2 Conn., 445, and Magill v. Hinsdale, 6 Conn., 464. The case last cited holds distinctly and unequivocally that “ a tenant of a mortgagor in possession after the mortgage has become forfeited, may attorn to and take a lease from the mortgagee, after which he will be liable to the mortgagee for the rent during the continuance of the lease.” In this case Peters, J., says, in delivering the opinion of the court, (page 469:) “It is a general rule that a tenant cannot deny…
2Cases cited3 opinions
- Rockwell v. BradleySupreme Court of Connecticut · 1816
- Magill v. HinsdaleSupreme Court of Connecticut · 1827
- Wakeman v. BanksSupreme Court of Connecticut · 1818
3Cited by2 opinions
- Hall v. Meriden Trust & Safe Deposit Co.Supreme Court of Connecticut · 1925
- Turner v. DavisSupreme Court of Connecticut · 1880