Hamilton v. Nutt
Supreme Court of Connecticut
Bill for a foreclosure of a mortgage, brought by the petitioners as administrators of Zadoc P. Leach, deceased. The mortgage was to secure the sum of $2000 and was given by the respondent .Nutt to the said Leach. The defence was made by the other respondent, Charles Hull, who held a later mortgage on the same property. The following facts were found by a committee.
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Bill for a foreclosure of a mortgage, brought by the petitioners as administrators of Zadoc P. Leach, deceased. The mortgage was to secure the sum of $2000 and was given by the respondent .Nutt to the said Leach. The defence was made by the other respondent, Charles Hull, who held a later mortgage on the same property. The following facts were found by a committee. The estate embraced in the mortgage was purchased by Nutt of Leach, and the mortgage was executed and delivered at the time, with two notes of $1,000 each secured by it, as security for part of the price. While Nutt was negotiating…
1Opinion of the CourtCarpenter, J.
On the 11th day of February, 1865, Nutt purchased of Leach certain property', and mortgaged the same to secure a part of the purchase money. Subsequently, but on the same day, he mortgaged the same property, with other property, to Hull, to secure an existing indebtedness of $1,400, and an additional indebtedness of $500 for money then loaned. Hull’s deed was first recorded, and must have priority unless under the circumstances it ought in equity to be postponed.
It will be observed that there was no improper motive on the part of Leach in withholding his deed from record. It was through…
2Cases cited1 opinion
- Wheaton v. DyerSupreme Court of Connecticut · 1842
3Cited by16 opinions
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- Connecticut National Bank v. EspositoSupreme Court of Connecticut · 1989
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