Wakeman v. Banks
Supreme Court of Connecticut
THIS was an action of ejectment. The ouster was laid on the 16th August, 1816. Plea, JVb wrong nor disseisin. The cause was tried at Fairfield, December term 1817, before Edmond, Smith and Gould, Js. On the trial, the plaintiffs gave in evidence a mortgage deed to them, executed by the defendant, on the 5th of April 1815, conditioned for the payment of two notes for 750 dollars 94 cents, each.
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THIS was an action of ejectment. The ouster was laid on the 16th August, 1816. Plea, JVb wrong nor disseisin. The cause was tried at Fairfield, December term 1817, before Edmond, Smith and Gould, Js. On the trial, the plaintiffs gave in evidence a mortgage deed to them, executed by the defendant, on the 5th of April 1815, conditioned for the payment of two notes for 750 dollars 94 cents, each. It was agreed, that the defendant, at the time of executing the deed, was, and ever since had been, in possession. No other evidence was given. The plaintiffs claimed, that the court, on these facts,…
1Opinion of the Court
Swift, Ch. J.
All the doubt and difficulty in this case, have arisen from not considering the true nature of the estate of the mortgagor, and comparing it to a tenancy at will, •or at sufferance; and thence inferring there must be notice to quit, before action can be brought, because in these cases such notice is necessary. But I apprehend, the estate of the mortgagor, where there is no express agreement to continue. In possession, in no measure resembles a tenancy at will, or at sufferance.
A mortgagor is not entitled to emblements, is not accountable for rents, and is not liable to an action…
2Cases cited1 opinion
- Rockwell v. BradleySupreme Court of Connecticut · 1816
3Cited by10 opinions
- Chamberlain v. ThompsonSupreme Court of Connecticut · 1834
- Clark v. BeachSupreme Court of Connecticut · 1826
- Hartford Realization Co. v. Travelers InsuranceSupreme Court of Connecticut · 1933
- McKelvey v. CreeveySupreme Court of Connecticut · 1900
- Magill v. HinsdaleSupreme Court of Connecticut · 1827
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