Betts v. Starr
Supreme Court of Connecticut
This was an action of ejectment, brought to recover possession of land, mortgaged, by the defendant, to the plaintiff, for the security of a certain promissory note specified in the condition of the mortgage deed.
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This was an action of ejectment, brought to recover possession of land, mortgaged, by the defendant, to the plaintiff, for the security of a certain promissory note specified in the condition of the mortgage deed. The cause was tried, on the general issue, at Fairfield, December term, 1825, before Bristol, J. After the plaintiff had read in evidence the mortgage deed, the execution and delivery of which were admitted, the defendant claimed, and offered evidence to prove, that the note mentioned in the condition, was usurious and void. The plaintiff objected to the admission of this evidence,…
1Opinion of the CourtBristol, J.
The note specified in the condition of the mortgage deed to the plaintiff, had been put in suit before the county court of Fairfield county. The present defendant appeared in that suit; pleaded the general issue of non-assumpsit; and gave notice, that under that issue, he should offer evidence to prove, that the note was given upon a usurious consideration, and was void. This issue was tried by a jury, who returned a verdict against the defendant; and the county court thereupon rendered judgment in favour of the plaintiff.
*552The debt not being satisfied, the mortgagee brings the present action…
2Cases cited1 opinion
- Hopkins v. LeeSupreme Court of the United States · 1821
3Cited by38 opinions
- Sarah v. ReadIllinois Supreme Court · 1882
- Smith v. KernochenSupreme Court of the United States · 1849
- Belden v. SeymourSupreme Court of Connecticut · 1831
- Philadelphia v. Ridge Ave. Ry. Co., Pennsylvania Court of Common Pleas, Philadelphia County1891
- Vincent v. Mutual Reserve Fund Life Asso.Supreme Court of Connecticut · 1904
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