French v. Burns
Supreme Court of Connecticut
Bill to redeem mortgaged premises,, brought to the Superior Court in New Haven County. The following facts were found by the court. On the 21st of January, 1860, the petitioner was the owner of the property in question, consisting of a dwelling house and land, subject to two mortgages, one of $500 and one of $1,400, and on that day executed and delivered to the respondent, Burns, a quit-claim deed of the property.
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Bill to redeem mortgaged premises,, brought to the Superior Court in New Haven County. The following facts were found by the court. On the 21st of January, 1860, the petitioner was the owner of the property in question, consisting of a dwelling house and land, subject to two mortgages, one of $500 and one of $1,400, and on that day executed and delivered to the respondent, Burns, a quit-claim deed of the property. At this time the petitioner was engaged in the business of teaching a boy’s boarding school, at his dwelling house on the premises, and being in want of funds to repair and enlarge…
1Opinion of the CourtHinman, C. J.
We have no doubt that the deed of the 20th of January 1860, from the petitioner to the respondent, Burns, though absolute on the face of it, yet, taken in connection with the parol agreement under which it was executed, and the bond subsequently executed by Burns to French pursuant to that agreement, constituted a mortgage for the security of the advancements both in money and material then and subsequently made by Burns to French. Cases of this sort are very numerous in our own reports and elsewhere, and the rules applicable to them are so well settled as to require but little to be said in…
2Cases cited4 opinions
- Russell v. SouthardSupreme Court of the United States · 1851
- Mills v. MillsSupreme Court of Connecticut · 1857
- Jarvis v. WoodruffSupreme Court of Connecticut · 1852
- Brainerd v. BrainerdSupreme Court of Connecticut · 1843
3Cited by14 opinions
- Guilford-Chester Water Co. v. Town of GuilfordSupreme Court of Connecticut · 1928
- Andrews v. New Britain National BankSupreme Court of Connecticut · 1931
- Williams v. ChadwickSupreme Court of Connecticut · 1901
- Anderson v. ColwellSupreme Court of Connecticut · 1918
- Fosdick v. RobersonSupreme Court of Connecticut · 1917
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