Baldwin v. Norton
Supreme Court of Connecticut
THIS was a bill in chancery for a foreclosure of mortgaged premises. The bill stated the following case. On the 10th of May, 1808, one Horace Baldwin being indebted to dshbel Baldwin, the plaintiff, in the sum of 500 dollars, gave him a promissory note for that sum, payable on demand with interest, and secured the same by the mortgage of a piece of land in Litchjield, worth about 2000 dollars.
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THIS was a bill in chancery for a foreclosure of mortgaged premises. The bill stated the following case. On the 10th of May, 1808, one Horace Baldwin being indebted to dshbel Baldwin, the plaintiff, in the sum of 500 dollars, gave him a promissory note for that sum, payable on demand with interest, and secured the same by the mortgage of a piece of land in Litchjield, worth about 2000 dollars. This laud was, at that time, under the incumbrance of a prior mortgage from liar-me Baldwin to Timothy Leonard, to secure the. payment of a note of .1739 dollars. On the 18th of May 1811, Horace…
1Opinion of the Court
Swift, Ch. J.
The principal question in this case, is, whether the plaintiff is entitled to the land in question, without paying the money for which it was mortgaged to Leonard. ?, in The It is contended, on the part of the plaintiff, that the debt has been paid and satisfied; and that he is not bound to pay it, to entitle him to a decree of foreclosure. There is no doubt, if Horace Baldwin had paid the money to Leor the note, that the mortgage would have been disch^ the plaintiff would have been entitled to the land, without paying it. But it appears from the facts stated, ⅛¾⅜^'erQj’j was no…
2Cited by18 opinions
- Colonial & United States Mortgage Co. v. Northwest Thresher Co.North Dakota Supreme Court · 1905
- Lockwood v. SturdevantSupreme Court of Connecticut · 1827
- Atlas Realty Corporation v. HouseSupreme Court of Connecticut · 1936
- Broome v. BeersSupreme Court of Connecticut · 1826
- Robinson v. LeavittSuperior Court of New Hampshire · 1834
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