Belknap v. Gleason
Supreme Court of Connecticut
This was a bill in chancery for a foreclosure, brought in January, 1835. The bill stated, that the defendant, on the 17th of April, 1817, gave sundry promissory notes to Ruggles Gleason, deceased, payable to him, or his order, one in two years, and the others in five years, and, at the same time, executed a mortgage of certain lands, to secure the payment of these notes; that they had never been paid ; and that the mortgagor was dead.
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This was a bill in chancery for a foreclosure, brought in January, 1835. The bill stated, that the defendant, on the 17th of April, 1817, gave sundry promissory notes to Ruggles Gleason, deceased, payable to him, or his order, one in two years, and the others in five years, and, at the same time, executed a mortgage of certain lands, to secure the payment of these notes; that they had never been paid ; and that the mortgagor was dead. The defendant denied the allegations of the bill generally, accompanied with a plea of payment and a plea cf the statute of limitations. The superior court,…
1Opinion of the Court
Williams, Ch. J.
Two questions arise upon the facts in this case: Is the statute of limitations applicable to it; and is there a legal presumption of payment ?
As to the first. That no action at law will lie upon these notes, if the statute of limitations is pleaded, cannot be doubted. Nor can it be claimed, that this statute, proprio vigore, shall operate in a court of equity. But it is claimed, that in analogy to the proceedings at law under that statute, a court of equity will apply it, when the claim comes before that court.
There is no doubt that courts of chancery will not lend their aid…
2Cases cited6 opinions
- Kane v. BloodgoodNew York Court of Chancery · 1823
- Jackson ex rel. Sackett v. SackettNew York Supreme Court · 1831
- Roosevelt v. MarkNew York Court of Chancery · 1822
- State v. DanforthSupreme Court of Connecticut · 1819
- Ashley v. HillSupreme Court of Connecticut · 1826
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3Cited by35 opinions
- Hulbert v. . ClarkNew York Court of Appeals · 1891
- Sparhawk v. Administrator of Ozias BuellSupreme Court of Vermont · 1837
- People ex rel. Attorney General v. Michigan Central RailroadMichigan Supreme Court · 1906
- Corr's Appeal From CommissionersSupreme Court of Connecticut · 1892
- Fitzgerald v. FlanaganSupreme Court of Iowa · 1912
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