Ely v. Stannard
Supreme Court of Connecticut
Action on the case for fraud; brought to the Superior Court in Hartford County, and tried to the court on the general issue. Facts found and case reserved for advice. The facts are sufficiently stated in the opinion.
1Opinion of the CourtCarpenter, J.
In July, 1873, the plaintiff was indebted to the defendant in the sum of twelve hundred dollars by note payable in eighteen months to the order of the defendant with interest. In April, 1874, the plaintiff, being desirous of exchanging certain lands owned by him subject to a mortgage to secure the note, for an equity of redemption in certain other lands owned by Lester S. Hills, without the knowledge of the defendant executed a mortgage of his land to the defendant to secure the note, and delivered it to the town clerk to be recorded, intending thereby to render the mortgage a valid…
2Cited by2 opinions
- Gannon, Goulding & Thies v. HausamanSupreme Court of Oklahoma · 1914
- Wicks v. German Loan & Investment Co.Supreme Court of Iowa · 1911