Orvis v. Newell
Supreme Court of Connecticut
IN ERROR. This was a bill in chancery, brought originally by Roger S. Newell against William Orvis and Ebenezer Orvis, for a decree of foreclosure.
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IN ERROR. This was a bill in chancery, brought originally by Roger S. Newell against William Orvis and Ebenezer Orvis, for a decree of foreclosure. The bill stated, that the defendants, on the 3rd of January, 1842, mortgaged six pieces of land in Farmington to the First School Society of Farmington, to secure the payment of a note given by them and Adna Whiting, on the 17th of January, 1837, in which, for value received, they jointly and severally promised to pay, on demand, the sum of 450 dollars, with annual interest; that on the 6th of May 1843, the First School Society of Farmington…
1Opinion of the Court
Williams, Ch. J.
The facts stated and. found, so far as they are important to the question arising in the case, are these. William and Ebenezer Orvis were indebted, jointly and severally, in a debt now the property of Newell, and secured by lands owned by them individually; William owning three pieces, and Ebenezer three, Ebenezer. being indebted to the plaintiff, Newell, mortgages one of his pieces of land to Newell; and William Orvis claims to redeem, paying the first mortgage only, as he was a mere surety for his son Ebenezer. On the other hand, Newell claims, that if he would redeem…
2Cases cited1 opinion
- Treadwell v. BulkleySupreme Court of Connecticut · 1810
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