Ensign v. Batterson
Supreme Court of Connecticut
Suit to redeem mortgaged premises, also for an accounting and other equitable relief, brought to the Superior Court in Hartford County and tried to the court, Ralph Wheeler, J.; facts found and judgment rendered allowing the plaintiff to redeem upon payment to the defendants of the full amount expended by them in the purchase of the land and of the improvements thereon, and appeal by the plaintiff for alleged errors in the ruling of the court.
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Suit to redeem mortgaged premises, also for an accounting and other equitable relief, brought to the Superior Court in Hartford County and tried to the court, Ralph Wheeler, J.; facts found and judgment rendered allowing the plaintiff to redeem upon payment to the defendants of the full amount expended by them in the purchase of the land and of the improvements thereon, and appeal by the plaintiff for alleged errors in the ruling of the court. It appeared from the decree and finding of facts that the plaintiff received from his father, Sidney A. Ensign, in 1878, for a valuable consideration,…
1Opinion of the CourtBaldwin, J.
On August 24th, 1894, the plaintiff held a mortgage lien upon the land now in question, and also—as against that mortgage—the fee-simple estate in the same land. The mortgage he received from his father, for a valuable consideration, in 1878; the fee-simple estate he had inherited as his sole heir at law, in 1893.
The merger of the two estates which would naturally fol-*305law from unity of ownership, was, in equity, prevented by the fact that it would result in the virtual destruction of the interest derived from the mortgage lien. The delivery of the first mortgage to the Society for Savings…
2Cases cited7 opinions
- Mickles v. . Dillaye and OthersNew York Court of Appeals · 1858
- Goodman v. WhiteSupreme Court of Connecticut · 1857
- Peck v. BotsfordSupreme Court of Connecticut · 1828
- Hayden v. Charter Oak Driving ParkSupreme Court of Connecticut · 1893
- McSorley v. LarissaMassachusetts Supreme Judicial Court · 1868
2 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Schleicher v. SchleicherSupreme Court of Connecticut · 1935
- Red Rooster Construction Co. v. River Associates, Inc.Supreme Court of Connecticut · 1993
- Kearns v. AndreeSupreme Court of Connecticut · 1928
- Beach v. OsborneSupreme Court of Connecticut · 1902
- McKelvey v. CreeveySupreme Court of Connecticut · 1900
19 more not listed; retrieve them via the Exa API.