Legal Opinion

Sweeney v. Pratt

Supreme Court of Connecticut

Decided January 21, 1898PublishedCited by 19 opinions

Suit to foreclose a mortgage and also a judgment lien, brought to the District Court of Waterbury and tried to the court, Bradstreet, J.; facts found and judgment rendered for the plaintiff, and appeal by both parties for alleged errors in the rulings of the court.

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Suit to foreclose a mortgage and also a judgment lien, brought to the District Court of Waterbury and tried to the court, Bradstreet, J.; facts found and judgment rendered for the plaintiff, and appeal by both parties for alleged errors in the rulings of the court. The complaint alleged that on the first day of August, 1891, the defendants, D. & H. Pratt, made twenty of their promissory notes, each for the sum of two hundred dollars, payable to the order of the Cheshire Manufacturing Company: the first, one year from date, and the other nineteen, one each six months thereafter, with interest…

1Opinion of the CourtAndkews, C. J.

We think the trial court decided correctly as to the judgment lien. At the time that lien was *277placed on the land, May 28th, 1890, the said D. and H. Pratt had no interest in the land which conld have been levied upon under an execution on that judgment. They had only a bond for a deed. They had paid nothing whatever on the notes mentioned in the bond. They had no title to the land; they were not even equitably possessed of any right to have a title. General Statutes, § 3034; Beardsley v. Beecher, 47 Conn. 408, 412; Loomis v. Knox, 60 id. 343; Hobbs v. Simmonds, 61 id. 235.

The trial court has,…

2Cases cited4 opinions

  1. Morgan v. Railroad Co.Supreme Court of the United States · 1878
  2. Constant v. . University of RochesterNew York Court of Appeals · 1888
  3. Melms v. Pabst Brewing Co.Wisconsin Supreme Court · 1896
  4. Beardsley v. BeecherSupreme Court of Connecticut · 1879

3Cited by19 opinions

  1. Friezo v. FriezoSupreme Court of Connecticut · 2007
  2. In re Locust Bldg. Co.Court of Appeals for the Second Circuit · 1924
  3. Allen v. NissleySupreme Court of Connecticut · 1981
  4. F. H. McGraw & Co. v. Milcor Steel Co.Court of Appeals for the Second Circuit · 1945
  5. Atkinson v. PlumWest Virginia Supreme Court · 1901

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