Frink v. Branch
Supreme Court of Connecticut
This was a bill in chancery, to foreclose mortgaged premises. Three of the defendants, viz., William C. Sterling, Albert Moore and Silas B. Moore, filed a cross-bill; and the parties were heard on such bill and cross-bill, in relation to the facts in controversy, before a committee appointed by the court for that purpose. An abstract of the facts found by that committee, will furnish a sufficient statement of the case.
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This was a bill in chancery, to foreclose mortgaged premises. Three of the defendants, viz., William C. Sterling, Albert Moore and Silas B. Moore, filed a cross-bill; and the parties were heard on such bill and cross-bill, in relation to the facts in controversy, before a committee appointed by the court for that purpose. An abstract of the facts found by that committee, will furnish a sufficient statement of the case. On the 9th of March, 1835, Simon Branch mortgaged to the plaintiff, certain parcels of land in Salisbury, to secure to the plaintiff, the sum of 1300 dollars, which Branch owed…
1Opinion of the CourtChurch, J.
It was once supposed, that, upon a bill to foreclose a mortgage, the title of the mortgagee would not be investigated; and that the parties, in such case, would be left to litigate that matter in an action at law. Broome v. Beers, 6 Conn. R. 198. Palmer v. Mead, 7 Conn. R. 149. It is not often, in proceedings of foreclosure, that the title of the mortgagee is directly put in issue, or constitutes the principal subject of controversy; although the entire purpose of the plaintiff, is, in default of payment, to make perfect a title, which before was qualified; and the ground of his application…
2Cases cited6 opinions
- Wells v. BanisterMassachusetts Supreme Judicial Court · 1808
- Whitney v. OlneyU.S. Circuit Court for the District of Rhode Island · 1823
- Forde v. HerronSupreme Court of Virginia · 1814
- Benedict v. BenedictSupreme Court of Connecticut · 1813
- M'Dermot v. LaurenceSupreme Court of Pennsylvania · 1821
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3Cited by23 opinions
- Middletown Savings Bank v. BacharachSupreme Court of Connecticut · 1879
- City National Bank v. StoeckelSupreme Court of Connecticut · 1926
- Robinson Bank v. MillerIllinois Supreme Court · 1894
- DeWolf v. A. & W. Sprague Manufacturing Co.Supreme Court of Connecticut · 1881
- Pettus v. GaultSupreme Court of Connecticut · 1908
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