Raymond v. Sturges
Supreme Court of Connecticut
This was an action on the case, brought to the superior court for the county of Fairfield. The declaration alleged, that the plaintiff, on or about the 17th day of June, 1847, gave the defendants a note of hand, of that date, for the payment by him to them of two thousand dollars, on demand, with interest, and on the same day, for security of such payment executed and gave to them a legally executed, attested and acknowledged mortgage deed, of a certain tract of land, lying…
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This was an action on the case, brought to the superior court for the county of Fairfield. The declaration alleged, that the plaintiff, on or about the 17th day of June, 1847, gave the defendants a note of hand, of that date, for the payment by him to them of two thousand dollars, on demand, with interest, and on the same day, for security of such payment executed and gave to them a legally executed, attested and acknowledged mortgage deed, of a certain tract of land, lying in the town of Wilton, with buildings therteon, in quantity forty-three acres, more or less; bounded, &e.; that…
1Opinion of the CourtStorrs, J.
The first question in this case is, whether the declaration sets out a good cause of action.
It states, that the defendants, having brought a petition to the superior court for the foreclosure of a mortgage of a certain piece of land, therein described, which had been exe*144cuted to them by the plaintiff, to secure a note given by them to him, it was agreed between the plaintiff and the defendants, before the decree was passed thereon, that the time for redeeming the mortgaged property should be limited to the first Monday of January, 1851, but that the defendants procured a decree thereon, that…
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