Chamberlain v. Thompson
Supreme Court of Connecticut
IN ERROR. This was a bill in chancery to redeem mortgaged premises. On the 19th of November, 1831, Ira Merwin, being seised in fee of the tract of land described in the bill, mortgaged it to Isaac Townsend, as security for a promissory note for 350 dollars, made by Merwin, dated on that day, and payable to Townsend, or order, in two years, with interest; and on the 27th of November, 1832, Toivnsend assigned this note to the defendant, and conveyed to him all his interest in…
Read the full summary
IN ERROR. This was a bill in chancery to redeem mortgaged premises. On the 19th of November, 1831, Ira Merwin, being seised in fee of the tract of land described in the bill, mortgaged it to Isaac Townsend, as security for a promissory note for 350 dollars, made by Merwin, dated on that day, and payable to Townsend, or order, in two years, with interest; and on the 27th of November, 1832, Toivnsend assigned this note to the defendant, and conveyed to him all his interest in the gaged premises ; by virtue of which conveyance, the defendant claimed to have acquired the legal title to such…
1Opinion of the CourtBissell, J.
The plaintiffs in error preferred their bill to the superior court, praying to redeem the premises in question, upon payment of the sum due on Townsend,’’s mortgage; and the question is, whether, upon the facts disclosed in the bill and answer, they are entitled to the relief sought.
It is admitted, on the face of the bill, that the strict legal title is in the defendant; and that the only relief of the plaintiffs is in equity. At law, they have no remedy. Now, there is no more familiar principle, than that the plaintiffs are bound to show an equity superior to that of the defendant, before…
2Cases cited11 opinions
- Bridge v. FordMassachusetts Supreme Judicial Court · 1808
- Erskine v. TownsendMassachusetts Supreme Judicial Court · 1807
- Lyon v. LymanSupreme Court of Connecticut · 1831
- Wadsworth v. WendellNew York Court of Chancery · 1821
- Prescott v. HeardMassachusetts Supreme Judicial Court · 1813
6 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Compton v. JesupCourt of Appeals for the Sixth Circuit · 1895
- Conference Center Ltd. v. TRC—The Research Corp.Supreme Court of Connecticut · 1983
- Red Rooster Construction Co. v. River Associates, Inc.Supreme Court of Connecticut · 1993
- Olean v. TregliaSupreme Court of Connecticut · 1983
- Desiderio v. IadonisiSupreme Court of Connecticut · 1932
22 more not listed; retrieve them via the Exa API.