Wheaton v. Dyer
Supreme Court of Connecticut
This was a bill in chancery for priority of title in mortgaged premises and an injunction. On the 25th of November, 1837, Francis L. Wheaton, being in debt to the plaintiff, made, executed and delivered to him sundry promissory notes, and a mortgage deed of a tract of land in Pomfret.
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This was a bill in chancery for priority of title in mortgaged premises and an injunction. On the 25th of November, 1837, Francis L. Wheaton, being in debt to the plaintiff, made, executed and delivered to him sundry promissory notes, and a mortgage deed of a tract of land in Pomfret. On the ,5th of January, 1838, said Wheaton, being also indebted to the defendant in the sum of 750 dollars, made, executed and delivered to him a promissory note for that amount, and a mortgage deed of the same land ; which deed was, on the same day, duly recorded. The plaintiff, supposing that Wheaton owed no…
1Opinion of the CourtWaite, J.
The plaintiff and defendant both claim title to the same lands, under mortgage deeds from Francis L. Wheaton. The question arising upon the record, is, which, in equity, is entitled to the priority.: Our statute provides, that “ all grants, and deeds of bargain and sale, and mortgages of houses and lands, shall be recorded at length, by the register or town-clerk, where such houses and lands lie ; and no deed shall be accounted good *311and effectual to hold such houses and lands, against any other person or persons but the grantor or grantors, and their heirs - only, unless recorded as…
2Cases cited1 opinion
- Carter v. ChampionSupreme Court of Connecticut · 1831
3Cited by6 opinions
- Lamberton v. Merchants' National BankSupreme Court of Minnesota · 1877
- Hamilton v. NuttSupreme Court of Connecticut · 1868
- Andretta v. Fox New England Theatres, Inc.Supreme Court of Connecticut · 1931
- Schroeder v. TomlinsonSupreme Court of Connecticut · 1898
- Hotchkiss & Upson Co. v. Union Nat. BankCourt of Appeals for the Sixth Circuit · 1895
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