Savage v. Dooley
Supreme Court of Connecticut
Ejectment. The defendant, in 1854, had mortgaged the demanded premises, which he then owned in fee simple, to the Hartford Savings Bank and Building Association, to secure a loan of money. On the 12th of January, 1856, he mortgaged the same premises to the plaintiff, by a warranty deed with the usual covenants, hut excepting from the covenant against incumbrances the prior mortgage to the Savings Bank and Building Association.
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Ejectment. The defendant, in 1854, had mortgaged the demanded premises, which he then owned in fee simple, to the Hartford Savings Bank and Building Association, to secure a loan of money. On the 12th of January, 1856, he mortgaged the same premises to the plaintiff, by a warranty deed with the usual covenants, hut excepting from the covenant against incumbrances the prior mortgage to the Savings Bank and Building Association. He also at the same time made another mortgage, with the same covenants and exceptions, to a firm of the name of Foster & Co. Each of these mortgages excepted the other…
1Opinion of the Court
Hinman J.
We have not been able to distinguish this case from those of Burr v. Spencer, 26 Conn., 159, and Porter v. Seeley, 13 id., 564. It was said that the right of the defendant to redeem the bank mortgage, gives him such an interest in the property as to preclude his being considered as a stranger to it, and that consequently he is authorized to take advantage of the mortgage to defeat the plaintiff’s title ; and is not estopped from loing so, because that mortgage was declared to be outstanding in the plaintiff’s deed, and was specially excepted from the covenant against incumbrances.…
2Cases cited2 opinions
- Smith v. VincentSupreme Court of Connecticut · 1842
- Burr v. SpencerSupreme Court of Connecticut · 1857
3Cited by8 opinions
- Red Rooster Construction Co. v. River Associates, Inc.Supreme Court of Connecticut · 1993
- Desiderio v. IadonisiSupreme Court of Connecticut · 1932
- City Lumber Co. of Bridgeport, Inc. v. MurphySupreme Court of Connecticut · 1935
- Cion v. SchupackSupreme Court of Connecticut · 1925
- Sperry v. Butler, TrusteeSupreme Court of Connecticut · 1903
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