Harrison v. Wyse
Supreme Court of Connecticut
This was a bill in chancery, brought, by the plaintiff as the assignee of a mortgage, against the défendants, as holders of prior mortgages and the equity of redemption, praying for a decree, allowing the plaintiff to redeem the prior mortgages, and foreclosing the defendants of their right of redemption. The case was referred to a committee, whose report embraced the following facts.
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This was a bill in chancery, brought, by the plaintiff as the assignee of a mortgage, against the défendants, as holders of prior mortgages and the equity of redemption, praying for a decree, allowing the plaintiff to redeem the prior mortgages, and foreclosing the defendants of their right of redemption. The case was referred to a committee, whose report embraced the following facts. On the first day of January, 1840, Jacob F. Huber mortgaged the premises to D. Allen & Son, to secure the payment of a note of that date, for the sum of $241.44, -which note and mortgage, on the 29th day of…
1Opinion of the CourtWaite, C. J.
The principles, relating to the accountability for the rents and profits of mortgaged premises, are well settled. The only difficulty, in the present case, is, as to their application. If the mortgagor is suffered to remain-in possession, he is not accountable for them to any one. He is considered, in equity, as the owner of the property, and the mortgagee as having but a lien, for the security of his debt. If the latter wishes to appropriate them to his own use, he must, in the first place, obtain the possession of the property. Until that is done, he has no claim to the income.
On the other…
2Cited by9 opinions
- Desiderio v. IadonisiSupreme Court of Connecticut · 1932
- Scruggs v. Memphis & Charleston RailroadSupreme Court of the United States · 1883
- Williams v. MarmorIllinois Supreme Court · 1926
- Downs v. Hopkins, Allen & Co.Supreme Court of Alabama · 1880
- Dime Savings Bank of Hartford v. BragawSupreme Court of Connecticut · 1939
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