Chester v. Wheelwright
Supreme Court of Connecticut
This was a bill in chancery for a foreclosure. On the 8th of June, 1837, John Wheelwright, one of the defendants, executed and delivered to the plaintiff a mortgage deed of certain real estate in New-Haven, to secure the sum of 3000 dollars.
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This was a bill in chancery for a foreclosure. On the 8th of June, 1837, John Wheelwright, one of the defendants, executed and delivered to the plaintiff a mortgage deed of certain real estate in New-Haven, to secure the sum of 3000 dollars. On the 25th of October, 1839,1V. B. Bristol and A. G. Bristol, executors of William Bristol, Esq. deceased, the other defendants, levied an execution in their fa-vour against Wheelwright on the equity of redemption in the premises, which was duly set off to them, subject to said mortgage debt of 3000 dollars, at the appraised value of one dollar. When the…
1Opinion of the CourtHinman, J.
The first objection of the defendant’s counsel to a decree in favour of the plaintiff in this case, amounts to this : that, as the spirit of our recording system requires that the record of a mortgage should disclose, with as much certainty as the nature of the case will admit of, the real state of the incumbrance, it is wholly inadmissible to allow this plaintiff to take a mortgage to secure 3000 dollars of his debt of 10,426 dollars, 14 cents, and hold it as a valid security on the property, till his whole debt is paid. This objection, however, seems not to have been much relied on. It…
2Cases cited1 opinion
- United States v. KirkpatrickSupreme Court of the United States · 1824
3Cited by8 opinions
- American Woolen Co. v. MaagetSupreme Court of Connecticut · 1912
- Union School District v. BishopSupreme Court of Connecticut · 1904
- Frazier v. LanahanCourt of Appeals of Maryland · 1889
- Goetz v. PielMissouri Court of Appeals · 1887
- McDaniel v. Barnes, White & Co.Court of Appeals of Kentucky · 1868
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