Lyon v. Sanford
Supreme Court of Connecticut
This was a bill in chancery to redeem morgaged premises. On the 15th of March, 1820, Isaac Wakelee jun. mortgaged a tract of land to Stephen Wheeler; and a few days afterwards, he mortgaged another tract to David Minott. On the 5th of December, 1821, Minot brought a bill of foreclosure against the mortgagor, and on the 4th Tuesday of the same month, obtained a decree, foreclosing his equity of redemption in the latter tract.
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This was a bill in chancery to redeem morgaged premises. On the 15th of March, 1820, Isaac Wakelee jun. mortgaged a tract of land to Stephen Wheeler; and a few days afterwards, he mortgaged another tract to David Minott. On the 5th of December, 1821, Minot brought a bill of foreclosure against the mortgagor, and on the 4th Tuesday of the same month, obtained a decree, foreclosing his equity of redemption in the latter tract. The condition of the decree not being complied with, on the part of the mortgagor, Minott went into possession of the premises; which he afterwards conveyed to John T…
1Opinion of the CourtBristol, J.
The plaintiff attached the premises, which he now seeks to redeem, prior to the bill of foreclosure brought by David Minott. He obtained a judgment, and levied his execution on the equity of redemption of the mortgagor; and now seeks to redeem, on paying the prior incumbrances. But it is insisted, by the defendants, that by virtue of the attachment he did not acquire such an interest in the premises, as to make it necessary he should have been a party: and the interest of the mortgagor having been extinguished, by the decree of foreclosure, it is claimed, that the extinguishment of his inter*547es…
2Cited by11 opinions
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- Street v. BroaddusSupreme Court of Virginia · 1899
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