Sanford v. Hill
Supreme Court of Connecticut
Bill for contribution and for a foreclosure; brought to the Superior Court in Fairfield County. The following facts were found by a committee:— Maria Bouton on the 16th day of September, 1870, made a mortgage of certain real estate to the Norwalk Savings Society to secure a note of $10,000, which mortgage was duly recorded. A part of the land mortgaged was a tract in the village of Norwalk, containing four lots and a gore of land, and bounded upon a city street.
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Bill for contribution and for a foreclosure; brought to the Superior Court in Fairfield County. The following facts were found by a committee:— Maria Bouton on the 16th day of September, 1870, made a mortgage of certain real estate to the Norwalk Savings Society to secure a note of $10,000, which mortgage was duly recorded. A part of the land mortgaged was a tract in the village of Norwalk, containing four lots and a gore of land, and bounded upon a city street. The lots were designated upon the trial as A, B, O and D. On the 9th of September, 1871, the said Maria Bouton conveyed to one E. J.…
1Opinion of the CourtPardee, J.
In 1870 Maria Bouton mortgaged a certain tract of land, with other lands, to the Norwalk Savings Society to secure the payment of $10,000; in 1871 she conveyed a portion of this tract, which we will designate as lot B, to E. J. Hill, by a deed warranting it to be free and clear from all incumbrances, which deed was immediately recorded in the town records. When he received it he made a parol *52agreement with the grantor1 that he would pay $300 upon the mortgage indebtedness to the savings bank as part consideration for his purchase. In 1873 he conveyed his interest in the lot to Hubbell &…
2Cases cited4 opinions
- Cooper v. BiglyMichigan Supreme Court · 1865
- James v. HubbardNew York Court of Chancery · 1828
- Lyman v. LymanSupreme Court of Vermont · 1859
- Clowes v. DickensonNew York Court of Chancery · 1821
3Cited by4 opinions
- Markham v. SmithSupreme Court of Connecticut · 1935
- Lomas & Nettleton Co v. DiFrancescoSupreme Court of Connecticut · 1933
- New England Mortgage Realty Co. v. RossiniSupreme Court of Connecticut · 1936
- Kennelly v. KellySupreme Court of Connecticut · 1883