Winchell v. Coney
Supreme Court of Connecticut
Suit for the reformation of a mortgage and for a foreclosure ; brought to the Superior Court in New Haven County. The defendants were Peter R. Carll, the original mortgagor, and George E. Coney, a purchaser of the mortgaged property, who alone made defense. The facts were found and the case reserved for the advice of this court at its next session in Hartford.
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Suit for the reformation of a mortgage and for a foreclosure ; brought to the Superior Court in New Haven County. The defendants were Peter R. Carll, the original mortgagor, and George E. Coney, a purchaser of the mortgaged property, who alone made defense. The facts were found and the case reserved for the advice of this court at its next session in Hartford. The points of law decided by the court will be sufficiently understood without a statement of the facts, which are of much complication and would require much space.
1Opinion of the CourtCarpenter, J.
This is a suit to foreclose a mortgage. The mortgage was given to secure three notes amounting to @21,000. The three notes bear the same date, are payable in five years from date, “ with interest annually at six per cent.” These notes are described in the mortgage as follows :—“ One note for five thousand dollars, dated May 10th, 1881, bearing interest at six per cent, per annum, payable five years from date ; one note for six thousand dollars, dated May 10th, 1881, payable five years from date, bearing interest at six per cent, per annum; and one note for ten thousand dollars, dated May…
2Cases cited5 opinions
- Worthington v. HylyerMassachusetts Supreme Judicial Court · 1808
- Merrills v. SwiftSupreme Court of Connecticut · 1847
- Stoughton v. PascoSupreme Court of Connecticut · 1825
- Hayes v. GoodwinCourt of Appeals of Kentucky · 1862
- Cleavenger v. BeathIndiana Supreme Court · 1876
3Cited by9 opinions
- Metropolitan Casualty Insurance v. StevensSupreme Court of the United States · 1941
- Dart & Bogue Co. v. SlosbergSupreme Court of Connecticut · 1987
- Brooke v. StruthersMichigan Supreme Court · 1896
- Yarbrough v. BlakeDistrict Court, W.D. Arkansas · 1962
- King v. KilbrideSupreme Court of Connecticut · 1889
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