Beers v. Hawley
Supreme Court of Connecticut
THIS was a bill in chancery fora foreclosure of the equity of redemption in mortgaged premises. All persons interested were made parties, and were cited in. on the 3d of February 1812 mortgaged, the premises to Truman Minor, for 3,143 dollars. On the same day, he mortgaged the same land to William Wright for 5,500 dollars. Both deeds were entered upon the town-records, on the day of their date.
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THIS was a bill in chancery fora foreclosure of the equity of redemption in mortgaged premises. All persons interested were made parties, and were cited in. on the 3d of February 1812 mortgaged, the premises to Truman Minor, for 3,143 dollars. On the same day, he mortgaged the same land to William Wright for 5,500 dollars. Both deeds were entered upon the town-records, on the day of their date. On the 22d of June 1814, Minor, being in possession, mortgaged the premises to the plaintiffs, by a deed containing covenants of seisin and warranty, to secure the sum of 1,519 dollars 07 cents. On the…
1Opinion of the Court
Swift, Cb, J,
In this case, the plaintiffs, as grantees of Minor, claimed a priority of title, on the ground, that hi; deed was first recorded. Wright, one of the defendants,, claimed an equality of title, and that he was tenant in common with Minor, on the ground, that the execution of the *469deeds was simultaneous, and that his deed was recorded in a reasonable and proper time : and, to prove the fact, offered the written declaration of Minor, when he was the owner of the land, and in possession ; which w as rejected by the court.
It is generally true, that the deed which is first recorded shall…
2Cited by17 opinions
- Gibblehouse v. StongSupreme Court of Pennsylvania · 1832
- Broome v. BeersSupreme Court of Connecticut · 1826
- Farmers & Mechanics Savings Bank v. GarofaloSupreme Court of Connecticut · 1991
- Fitch v. ChapmanSupreme Court of Connecticut · 1833
- Cook v. KnowlesMichigan Supreme Court · 1878
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