Norton v. Birge
Supreme Court of Connecticut
Bill in equity for an injunction against the prosecution of an action of ejectment, and for the establishment of the petitioner’s title to certain real estate, brought to the Superior Court in Hartford county. The real estate in question was the same which was the subject of suit in the case of Birge v. Nock, reported in 84 Conn. R. 156, and that action was the action of ejectment against which the injunction was sought.
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Bill in equity for an injunction against the prosecution of an action of ejectment, and for the establishment of the petitioner’s title to certain real estate, brought to the Superior Court in Hartford county. The real estate in question was the same which was the subject of suit in the case of Birge v. Nock, reported in 84 Conn. R. 156, and that action was the action of ejectment against which the injunction was sought. It was agreed on the hearing that all the facts found in that case should be considered as found in the present, except as affected by the further facts now found. The…
1Opinion of the CourtCarpenter, J.
In. Birge v. Nock, 34 Conn., 156, we held that the deed to Caroline Nock, the deed from Caroline Nock to Hiram Nott, and the deed from Nott to George F. Nock, were inoperative as against the creditors of Royal Prouty. We also held that the first mortgage deed from George F. Nock to Norton, and the lease from Norton to Thomas G. Nock, were also void as to Thomas G. Nock, and that he could not avail himself of them as a defense to that action. We also held that Birge, who derived title from the trustee, was the owner of the premises, subject to Norton’s mortgage, or free from incumbrance,…
2Cases cited9 opinions
- Murray v. BallouNew York Court of Chancery · 1815
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- Green v. WhiteIndiana Supreme Court · 1844
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