Legal Opinion

Palmeri v. Allen

Pennsylvania Court of Common Pleas

Decided January 26, 1972No. File No. 87670Published

1Opinion of the CourtO’Brien, J.

The defendant the Second National Bank of New Haven by its motion has sought to have the court determine priorities and to declare the “lien” of the Union Trust Company, if any, as subordinate to the attachment lien of the Second National Bank of New Haven.

The instant motion raises the question whether an agreement not to mortgage or sell real estate signed by the owners of the equity of redemption and witnessed by one witness but not acknowledged is an “encumbrance”1 within the meaning of § 49-19 of the General Statutes, thus entitling the creditor recording such a document to priority in…

2Cases cited5 opinions

  1. Mitchell v. WarnerSupreme Court of Connecticut · 1825
  2. Waterbury Savings Bank v. LawlerSupreme Court of Connecticut · 1878
  3. Kelsey v. RemerSupreme Court of Connecticut · 1875
  4. Reed v. StevensSupreme Court of Connecticut · 1919
  5. Alling v. BurlockSupreme Court of Connecticut · 1878

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