Tuttle v. Armstead
Supreme Court of Connecticut
Action by the plaintiff as assignee of Solon B. Perkins and others, grantors of the defendant, for the non-performance by the latter of a promise to pay a mortgage debt supposed to be a charge on the land conveyed; brought to the Court of Common Pleas, and tried to the court before Torrance, J. The defendant in his answer set up, among other things, the statute of limitations. The following facts were found by the court.
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Action by the plaintiff as assignee of Solon B. Perkins and others, grantors of the defendant, for the non-performance by the latter of a promise to pay a mortgage debt supposed to be a charge on the land conveyed; brought to the Court of Common Pleas, and tried to the court before Torrance, J. The defendant in his answer set up, among other things, the statute of limitations. The following facts were found by the court. On the 30th of April, 1877, Solon B. Perkins, Ellen A. Wilcox and Watson T. Perkins, being all of the children and heirs at law of Lewis Perkins deceased, sold and conveyed…
1Opinion of the CourtPark, C. J.
In the month of January, 1875, the plaintiff, as conservator of one Lewis Perkins, borrowed of one Lucius Tuttle the sum of six hundred- dollars, to be expended in the support and maintenance of his ward, and the money was so expended. The plaintiff executed to Tuttle a mortgage of the real estate of the ward to secure the note given for the loan. Subsequently Perkins, the ward, died, and his heirs sold the real estate so mortgaged to the defendant for the sum of one thousand dollars. The defendant expressly assumed and agreed to pay the mortgage debt, and four hundred dollars of the purchase…
2Cited by13 opinions
- Nutter v. MroczkaMassachusetts Supreme Judicial Court · 1939
- Herrin v. AbbeSupreme Court of Florida · 1908
- Massell Realty Co. v. HanburySupreme Court of Georgia · 1927
- Broadway Bank & Trust Co. v. LongleySupreme Court of Connecticut · 1933
- Biddle v. PughNew Jersey Court of Chancery · 1900
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