M'Ewen v. Welles
Connecticut Superior Court
Error to reverse a judgment of the County Court, in an action brought by said M’Eweu against said Hannah, upon a note given by said Samuel on the 8th of November A. D. 1781, for £258 8s.' Id. on interest.
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Error to reverse a judgment of the County Court, in an action brought by said M’Eweu against said Hannah, upon a note given by said Samuel on the 8th of November A. D. 1781, for £258 8s.' Id. on interest. Plea in bar — That said Samuel in his lifetime, mortgaged to the plaintiff and Samuel “William Johnson, Esq. certain lands to secure said note and a debt of £120 11s. 5d., due to-said Johnson, which were of greater value than both of said debts; and that said Johnson and the plaintiff had taken possession of said mortgaged premises and had obtained a decree in chancery, foreclosing the…
1Opinion of the Court
By the Court,
In this state, a mortgage given to secure a debt by bond, note or other specialty, is a real security given'in aid of the personal security, which the mortgagee had before. And the mortgagee may pursue either, or both, until he obtains satisfaction. If he recovers his debt, the mortgage is released. If ho choose to take the land and to make it his own absolutely, whereby the mortgagor is totally divested of his equity of redemption, the debt is thereby paid and discharged: And if it eventually proves insufficient to raise the sum due, it is the mortgagee’s own fault, and at his…
2Cited by2 opinions
- Derby Bank v. LandonSupreme Court of Connecticut · 1819
- Factor v. Fallbrook, Inc.Connecticut Appellate Court · 1991