Mills v. Shepard
Supreme Court of Connecticut
Ejectment, for the recovery of certain land lying in the town of Norfolk, tried in the superior court, before Park, J, on the general issue closed to the court. The land in question originally belonged to Dennis Whalley, who mortgaged it to Michael F. Mills on the 20th of July, 1841. The deed was absolute on its face and was recorded as such, Mills giving to Whalley a separate defeasance which was not recorded with the deed.
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Ejectment, for the recovery of certain land lying in the town of Norfolk, tried in the superior court, before Park, J, on the general issue closed to the court. The land in question originally belonged to Dennis Whalley, who mortgaged it to Michael F. Mills on the 20th of July, 1841. The deed was absolute on its face and was recorded as such, Mills giving to Whalley a separate defeasance which was not recorded with the deed. This conveyance is fully described, and is made the subject of adjudication, in the case of Mills v. Mills, 26 Conn., 218. The present plaintiff had acquired the title of…
1Opinion of the CourtEllsworth, J.
The defendant puts his right to the land in question upon his deed from Michael F. Mills of the 7th of May, 1851, the land having been conveyed to Mills by Dennis Whalley on the 20th of July, 1841.
The deed from Whalley to Mills must upon the facts found be regarded as nothing more than a mortgage. It was so decided by us in the case of Mills v. Mills, 26 Conn., 213; but as this defendant was not a party to that suit, the judgment is not of force against him, beyond the settlement of the law upon the facts then found, which are precisely the same, so far as the mortgage is concerned, as in the…
2Cases cited2 opinions
- Mills v. MillsSupreme Court of Connecticut · 1857
- Porter v. SeeleySupreme Court of Connecticut · 1840
3Cited by5 opinions
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