Scripture v. Johnson
Supreme Court of Connecticut
IN ERROR. This was a bill in chancery to redeem mortgaged premiseSj brought originally to the superior^court. The plaintiff, on the 4th of January, 181.5, being indebted to the congregational society in Willington, gave his note to Elijah Holt, their treasurer, for the sum of 50 dollars, payable on demand, with interest, and mortgaged three pieces of land, containing about four and an half acres, of the value of 360 dollars, as security.
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IN ERROR. This was a bill in chancery to redeem mortgaged premiseSj brought originally to the superior^court. The plaintiff, on the 4th of January, 181.5, being indebted to the congregational society in Willington, gave his note to Elijah Holt, their treasurer, for the sum of 50 dollars, payable on demand, with interest, and mortgaged three pieces of land, containing about four and an half acres, of the value of 360 dollars, as security. On the 7th of April, 1817, the society, by their treasurer, assigned the note, and their interest in the mortgaged premises, to John Johnson ; who afterwards…
1Opinion of the Court
Hosmer, Ch. J.
The determination of the superior court, I presume, proceeded on the ground that the debt of Alpheus Scripture being less than three hundred and thirty-five dollars, the court had not jurisdiction of the cause. The criterion of jurisdiction was mistaken. The value of the land sought to be redeemed was greater than the sum just mentioned ; and that gave jurisdiction to the superior court.
Stress was undoubtedly laid on the levy of the execution obtained by Daniel Johnson, with a view to take the equity of redemption remaining in Alpheus Scripture; but, on attention to the mode in…
2Cases cited1 opinion
- Punderson v. BrownSupreme Court of Connecticut · 1803
3Cited by12 opinions
- Compton v. JesupCourt of Appeals for the Sixth Circuit · 1895
- Chamberlain v. ThompsonSupreme Court of Connecticut · 1834
- Rowan v. Sharps' Rifle Manufacturing Co.Supreme Court of Connecticut · 1860
- Carpenter v. PlaggeIllinois Supreme Court · 1901
- Koehm v. KuhnConnecticut Superior Court · 1987
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