Legal Opinion

Punderson v. Brown

Supreme Court of Connecticut

Decided July 1, 1803PublishedCited by 9 opinions

In the Court below, T. HIS was a petition in chancery, praying for liberty , . , , " to redeem certain lands. The facts, as they appear on the petition, and in the 'decree of the Court, are, that on the 1st day of October, If 85, the petitioner mortgaged the lands in question to • , Jeremiah Halsey and John Bellows, to secure the payment of 92/, 2s. 9d, lawful money, by the 1st day of April then next ; that on the 5th of January, 178b, E. Funder-ion, senior, levied an…

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In the Court below, T. HIS was a petition in chancery, praying for liberty , . , , " to redeem certain lands. The facts, as they appear on the petition, and in the 'decree of the Court, are, that on the 1st day of October, If 85, the petitioner mortgaged the lands in question to • , Jeremiah Halsey and John Bellows, to secure the payment of 92/, 2s. 9d, lawful money, by the 1st day of April then next ; that on the 5th of January, 178b, E. Funder-ion, senior, levied an execution, in his fa-vour, against the petitioner, on the mortgaged premises, and procured the equity of redemption to be…

1Opinion of the Court

By the Court.

The facts respecting the taxes, and the nine acres incumbered thereby, may be laid out of the case ; because, first, it does not appear by thp'deeree, that the appraisers knew of this incumbrhnce, hnd if they did not, the petitioner has sustainedho injury ; but, see-*96ondly, if this incumbrance was considered, still k cannot affect the case, for the nine acres had become irredeemable, the purchase money not having been paid, by the petitioner, within the time limited by law.

The only question, then, is, whether, under the circumstances of this case, there was any right in the…

2Cited by9 opinions

  1. Waterbury Savings Bank v. LawlerSupreme Court of Connecticut · 1878
  2. Humphrey v. GerardSupreme Court of Connecticut · 1910
  3. Smith v. GilbertSupreme Court of Connecticut · 1898
  4. Klebanoff v. Mutual Life Insurance Company of New YorkDistrict Court, D. Connecticut · 1965
  5. Scripture v. JohnsonSupreme Court of Connecticut · 1819

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