Bacon v. Fairman
Supreme Court of Connecticut
This was a bill for a foreclosure, brought by Orphia Bacon, surviving executrix of the will of her late husband, Garry Bacon, deceased, against James B. Fairman, executor of Timothy Shepard, deceased, and Moss K. Botsford, a purchaser of the equity of redemption. On the 14th of February, 1816, Shepard, being indebted to Bacon, in the sum of 1540 dollars, gave his note for that sum, and secured it by mortgage.
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This was a bill for a foreclosure, brought by Orphia Bacon, surviving executrix of the will of her late husband, Garry Bacon, deceased, against James B. Fairman, executor of Timothy Shepard, deceased, and Moss K. Botsford, a purchaser of the equity of redemption. On the 14th of February, 1816, Shepard, being indebted to Bacon, in the sum of 1540 dollars, gave his note for that sum, and secured it by mortgage. On the 9th of May, 1820, Bacon made his will, disposing of his estate to his wife and children, and making David Tomlinson, Shepard and the present plaintiff, his executors; and shortly…
1Opinion of the CourtDaggett, J.
In this case, two questions are presented for consideration.
1. Ought there to be any deduction from the debt secured, by the mortgage of Timothy Shepard to Garry Bacon, for which a foreclosure is sought by the plaintiff? The only reason for a deduction, suggested by the defendant, is, it appears that Shepard, the mortgagor, paid to Daniel Beers, in September, 1821, 400 dollars, and in 1822, the further sum of 246 dollars, 16 cents; which sums were due by Garry Bacon, at his death, to Beers. There was no proof that the testator, Bacon, or the plaintiff, ever requested Shepard to pay either of…
2Cases cited1 opinion
- Stevens v. GaylordMassachusetts Supreme Judicial Court · 1814
3Cited by9 opinions
- Tarbell v. JewettMassachusetts Supreme Judicial Court · 1880
- Peck v. BotsfordSupreme Court of Connecticut · 1828
- Chamberlin Appeal from ProbateSupreme Court of Connecticut · 1898
- First National Bank & Trust Co. v. McCoySupreme Court of Connecticut · 1938
- Pease v. PhelpsSupreme Court of Connecticut · 1834
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