Page v. Green
Supreme Court of Connecticut
This was a bill in chancery, tried at Litchfield, August term, 1826, before Daggett, J. On the 14th of April, 1812, one Luther Walker, owned, in fee-simple, certain pieces of land, of the value of 700 dollars, a part of which were subject to a mortgage in favour of Isaac Green, to secure the payment of a note due to him from Lucy Gridley and Walker, for 52 dollars, 74 cents.
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This was a bill in chancery, tried at Litchfield, August term, 1826, before Daggett, J. On the 14th of April, 1812, one Luther Walker, owned, in fee-simple, certain pieces of land, of the value of 700 dollars, a part of which were subject to a mortgage in favour of Isaac Green, to secure the payment of a note due to him from Lucy Gridley and Walker, for 52 dollars, 74 cents. This note was paid, by Green, to Samuel Church, Esq., who had-received it for collection, of Page, the plaintiff. Church indorsed on the note the sum paid by Green, and then delivered it to him ; but it was never assigned…
1Opinion of the Court
Hosmer, Ch. J.
The only difficulty in this case, arises from the complexity of the facts, and the peculiarity attending the title of the defendants. They are both tenants in fee simple and mortgagees ; and the plaintiff likewise is in the condition of a mortgagee, by virtue of the assignment to him of the mortgage given by Luther Walker to Holley & Coffing. For the purpose of perspicuity, I will first attend to the title of the defendants, and then to the title of the plaintiff.
The defendants are the widow, the administrator and the heirs of Isaac Green, and invested with all the rights…
2Cases cited3 opinions
- Chalker v. ChalkerSupreme Court of Connecticut · 1814
- Stoughton v. PascoSupreme Court of Connecticut · 1825
- Camp v. SmithSupreme Court of Connecticut · 1823
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