Young v. Williams
Supreme Court of Connecticut
This was a bill in chancery for a decree against the defendants, foreclosing all their right in equity to redeem certain mortgaged premises. The facts in the case, so far as they bear materially upon the points discussed and decided, are substantially these. George Spafford being indebted to Joel W. White and two others, by three notes, amounting to 5,000 dollars, mortgaged to them certain real estate, to secure the payment of those notes.
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This was a bill in chancery for a decree against the defendants, foreclosing all their right in equity to redeem certain mortgaged premises. The facts in the case, so far as they bear materially upon the points discussed and decided, are substantially these. George Spafford being indebted to Joel W. White and two others, by three notes, amounting to 5,000 dollars, mortgaged to them certain real estate, to secure the payment of those notes. The defendants, having an execution against Spafford, caused it to be levied upon his equity of redemption in the mortgaged premises, and an undivided…
1Opinion of the CourtWaite, J.
It is insisted, on the part of the defendants, that the plaintiff stands in the character of a purchaser of the first mortgage ; that as Smith has failed to pay off that, within the time allowed him by the decree, he has become foreclosed of all his rights ; and the defendants, having tendered to the' plaintiff the amount of the first mortgage and the costs of suit, before the expiration of the time limited for them to redeem, are now entitled to the whole property, unincumbered by any lien on account of Smith’s mortgage. '
If the plaintiff were but the holder of the first mortgage, the…
2Cases cited1 opinion
- Franklin v. GorhamSupreme Court of Connecticut · 1805
3Cited by3 opinions
- Compton v. JesupCourt of Appeals for the Sixth Circuit · 1895
- Lomas & Nettleton Co v. DiFrancescoSupreme Court of Connecticut · 1933
- Scanlon v. ParishSupreme Court of Connecticut · 1912