Hubbard v. Ensign
Supreme Court of Connecticut
Assumpsit to recover money paid on a mortgage and the value of certain property foreclosed; brought to the Superior Court in Hartford County.
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Assumpsit to recover money paid on a mortgage and the value of certain property foreclosed; brought to the Superior Court in Hartford County. The folio-wing facts were found by a committee:— • In September, 1875, the plaintiff was indebted to the Norwich Savings Society in the sum of $10,000, and to one Frary in the sum of $4,950; and both these debts were secured by mortgages on several parcels of real estate in the city of Hartford, described in the plaintiff’s declaration. On the 30th of September, 1875, the plaintiff sold and conveyed a portion of the property so mortgaged to the…
1Opinion of the CourtCarpenter, J.
The plaintiff exchanged certain real estate in the city of Hartford, subject to two mortgages, (the mortgages also covering other real estate of the plaintiff,) for certain real estate in the city of Brooklyn also subject to a mortgage. The deed from the plaintiff to the defendant, after describing the land and the mortgages thereon, contained the following clause: “ The above described property is alone to be holden for the payment of both of the above debts.” There is also an exception to the covenant against incumbrances as follows:—“ Except the above written mortgages of fifteen thousand…
2Cases cited5 opinions
- Collins v. TillouSupreme Court of Connecticut · 1857
- Randall v. LathamSupreme Court of Connecticut · 1869
- Foster v. AtwaterSupreme Court of Connecticut · 1875
- Post v. GilbertSupreme Court of Connecticut · 1876
- Elting v. Clinton Mills Co.Supreme Court of Connecticut · 1869
3Cited by10 opinions
- Lippitt v. Thames Loan & Trust Co.Supreme Court of Connecticut · 1914
- Pelser v. GingoldSupreme Court of Minnesota · 1943
- Shult v. DoyleSupreme Court of Iowa · 1925
- Granger v. RollSouth Dakota Supreme Court · 1895
- Markham v. SmithSupreme Court of Connecticut · 1935
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