Legal Opinion

Goodman v. White

Supreme Court of Connecticut

Decided September 15, 1857PublishedCited by 23 opinions

Petition in equity to redeem premises incumbered by a mechanics’ lien. On the 17th day of August, 1853, Ralph Callender,, being the owner of certain premises situated in Hartford, on which he was erecting a dwelling house, conveyed the same to one Willis A. Pierce.

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Petition in equity to redeem premises incumbered by a mechanics’ lien. On the 17th day of August, 1853, Ralph Callender,, being the owner of certain premises situated in Hartford, on which he was erecting a dwelling house, conveyed the same to one Willis A. Pierce. During the year 1853, the following persons had acquired mechanics’ liens on the premises, for materials furnished and labor done in the erection of said house; viz., Henry Burgess, one commencing July 16th ; E. Taylor & Co., one commencing July 18th ; Horatio Root, one commencing August 1st; William Terry, one commencing September…

1Opinion of the CourtStorrs, C. J.

It being conceded on the argument, that *320the incumbrances on the property in question by virtue of the building liens created the same rights as if they had been secured by mortgage, the question is presented for our decision, whether a mortgagee, having foreclosed the mortgagor without pursuing a like remedy against a subsequent mortgagee, has the right of redeeming the interest of the latter in the mortgaged premises, upon paying the debt secured by the subsequent mortgage.

The practice which, although not sanctioned by English precedent, has been tolerated in this state, whereby a…

2Cases cited1 opinion

  1. Lewis v. De ForestSupreme Court of Connecticut · 1850

3Cited by23 opinions

  1. Giambozi v. PetersSupreme Court of Connecticut · 1940
  2. Heim v. VogelSupreme Court of Missouri · 1879
  3. Stafford v. FizerSupreme Court of Missouri · 1884
  4. Ensign v. BattersonSupreme Court of Connecticut · 1896
  5. People's Holding Co. v. BraySupreme Court of Connecticut · 1934

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