Croswell v. Allis
Supreme Court of Connecticut
This was a petition in chancery, brought by Frederick Croswell, as trustee in insolvency of the estate of Salmon W. Allis, against Josiah Allis, William H. Elliott and others.
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This was a petition in chancery, brought by Frederick Croswell, as trustee in insolvency of the estate of Salmon W. Allis, against Josiah Allis, William H. Elliott and others. The petition alleged that the petitioner was greatly hindered and embarrassed in the settlement of said estate, by reason of claims made upon a portion of the personal estate by the respondents severally, the facts with regard to which he was unable fully to ascertain ; praying for disclosures from the respondents, an enquiry by the court into the validity of certain pretended mortgages and conveyances, and an order for…
1Opinion of the CourtStorrs, J.
The only question made before us in this case, respects the validity of the mortgage from S. W. Allis to Elliott. Its form is confessedly unexceptionable; but various objections to it have been taken by the plaintiff, arising on the facts found by the committee These objections will be examined in the order in which they have been presented.
1. It is found that the mortgagor remained in possession of the property embraced in the mortgage, from the time of its' execution to the appointment of the plaintiff as trustee; and the plaintiff claims, first, that that circumstance, by the settled law…
2Cited by8 opinions
- In re A. E. Fountain, Inc.Court of Appeals for the Second Circuit · 1922
- Parker v. ChaseSupreme Court of Vermont · 1890
- United Bank & Trust Co. v. PowersCalifornia Court of Appeal · 1928
- Fowler v. HuntWisconsin Supreme Court · 1880
- Watson v. PughSupreme Court of Arkansas · 1888
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