Clark v. Fuller
Supreme Court of Connecticut
Bill for a foreclosure; brought to the Superior Court for the county of New London. The following facts were found by the court. The note was for $6,000, executed by Erastus 0. Andrew to Julia C. Clark, dated December 28th, 1868, and was secured by-a mortgage oí the same date. Julia C. Clark was at the time the wife of Addison L. Clark, the petitioner. She had since died, and the petition was brought by him as her administrator.
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Bill for a foreclosure; brought to the Superior Court for the county of New London. The following facts were found by the court. The note was for $6,000, executed by Erastus 0. Andrew to Julia C. Clark, dated December 28th, 1868, and was secured by-a mortgage oí the same date. Julia C. Clark was at the time the wife of Addison L. Clark, the petitioner. She had since died, and the petition was brought by him as her administrator. The respondent was the administrator of the estate of Andrew. When the note and mortgage were executed the business was transacted entirely by Andrew on the one part,…
1Opinion of the Court
Butler, 0. J.
We have bad no hesitation in respect to the advice which should be given in this case. It is very clear upon the facts that the petitioner’s intestate, Mrs. Clark, never had any title to the note and mortgage in question, as against the creditors of E. 0. Andrew, or the respondent who represents them. It is distinctly found that the note and mortgage were made by Andrew for the fraudulent purpose of covering up the mortgaged property, and that A. L. Clark, the husband of the petitioner’s intestate, transacted the business with Andrew, without the knowledge of his wife, but with…
2Cited by8 opinions
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- Davis-Scofield Co. v. Agricultural InsuranceSupreme Court of Connecticut · 1929
- Trumbull v. HewittSupreme Court of Connecticut · 1894
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