Mills v. Mills
Supreme Court of Connecticut
This was a bill in chancery for the redemption of certain mortgaged premises. The facts were reported by a committee to whom the case was referred by the superior court. Dennis "Whalley, who was then the owner in fee of the land in question, in March 1841 applied to the respondent, who was then a practicing attorney, to bring an action of trespass for him to the county court, the action involving the title to the land in question, and retained him as his counsel.
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This was a bill in chancery for the redemption of certain mortgaged premises. The facts were reported by a committee to whom the case was referred by the superior court. Dennis "Whalley, who was then the owner in fee of the land in question, in March 1841 applied to the respondent, who was then a practicing attorney, to bring an action of trespass for him to the county court, the action involving the title to the land in question, and retained him as his counsel. The respondent soon after brought the suit, and at "Whalley’s request gave bond for him for the prosecution of the suit. Whalley…
1Opinion of the CourtEllsworth, J.
We are all satisfied that the petitioner is entitled to redeem. Whether we consider the true nature of *218the transaction of the 20th of July, 1841, (the date of the deed in question) or the then relations of the parties, one the client and the other the attorney, or the writing of the 21st of July, we come to the same conclusion, that the deed of Whalley can be considered only as a mortgage, and that the land is still open to redemption.
It appears that Whalley was about to embark in a lawsuit which involved his title to this piece of land, and applied to Mr. Mills to assist him with his…
2Cases cited1 opinion
- Callender v. ColegroveSupreme Court of Connecticut · 1845
3Cited by18 opinions
- Lynde v. LyndeSupreme Court of New Jersey · 1902
- Vangilder v. HoffmanWest Virginia Supreme Court · 1883
- O'Dell v. RogersWisconsin Supreme Court · 1878
- Hursey v. HurseyWest Virginia Supreme Court · 1904
- Williams v. ChadwickSupreme Court of Connecticut · 1901
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