Palmer's administrators v. Mead
Supreme Court of Connecticut
This was a bill in chancery to foreclose mortgaged premises. On the hearing, at Fairfield, December term, 1826, before Peters, J., the plaintiffs exhibited the mortgage deed, and the note which it was given to secure, and proved the execution of them.
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This was a bill in chancery to foreclose mortgaged premises. On the hearing, at Fairfield, December term, 1826, before Peters, J., the plaintiffs exhibited the mortgage deed, and the note which it was given to secure, and proved the execution of them. Three of the defendants, Job, Isaac and Manoah Mead, having proved themselves to be attaching creditors of the land mortgaged, whose suits were pending, by way of defence against the bill, offered testimony to shew, that the deed was executed, by the grantor to the grantee, to defraud the creditors of the grantor, and these defendants among…
1Opinion of the Court
Hosmer, Ch. J
That the mortgage in question, on the facts offered to be proved, was utterly void in respect of creditors, has not been questioned, nor is it questionable. The precise enquiry is, whether these facts may be proved on a hill of foreclosure ; or whether the plaintiff will be left to pursue legal means in a court of law to establish his title. The defendants insist, that the defence is admissible against the bill of foreclosure; and the plaintiff, that it is no defence here, but that the point, by our jurisprudence, is confined to the law courts.
The argument of the defendants has…
2Cases cited2 opinions
- Broome v. BeersSupreme Court of Connecticut · 1826
- De Butts v. BaconSupreme Court of the United States · 1810
3Cited by14 opinions
- Middletown Savings Bank v. BacharachSupreme Court of Connecticut · 1879
- DeWolf v. A. & W. Sprague Manufacturing Co.Supreme Court of Connecticut · 1881
- Bull v. MeloneySupreme Court of Connecticut · 1858
- Nourse v. LycettSupreme Court of Connecticut · 1932
- Diamond Plate Glass Co. v. KnoteIndiana Court of Appeals · 1906
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