Smith v. Chapman
Supreme Court of Connecticut
This was a bill in chancery for a foreclosure. The bill set forth a mortgage deed, executed by Timothy Chapman, deceased, on the 10th of March 1798, to secure to the plaintiff a debt of 260 dollars. The subscribing witnesses to this deed were Hezekiah Brainard, who died long before the commencement of the present suit, and Dolly Chapman, at that time the wife of the mortgagor, and now one of the defendants.
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This was a bill in chancery for a foreclosure. The bill set forth a mortgage deed, executed by Timothy Chapman, deceased, on the 10th of March 1798, to secure to the plaintiff a debt of 260 dollars. The subscribing witnesses to this deed were Hezekiah Brainard, who died long before the commencement of the present suit, and Dolly Chapman, at that time the wife of the mortgagor, and now one of the defendants. It was averred in the bill, and found by the court, that she put her name to the deed as a witness, at the request of the mortgagor, and without the knowledge of the defendant, either…
1Opinion of the Court
Hosmer, Ch. J.
The first question in this case, in its natural order, is, whether it was indispensible to the support of the plaintiff’s bill, that Selden Huntington should have been made a party.
By the practice of chancery, formerly, a foreclosure was admitted against the defendants brought before the court notwithstanding there were intervening incumbrancers; (Draper & al. v. Jennings & al. 2 Vernon 518.) after which it was established as a test on this subject, that all persons must be made parties who are interested in taking the account. Hobart v. Abbott, 2 P. Wms. 643. Fell v. Brown, 2…
2Cases cited2 opinions
- Wadsworth v. WendellNew York Court of Chancery · 1821
- Haines v. BeachNew York Court of Chancery · 1818
3Cited by12 opinions
- Jones v. . WilliamsSupreme Court of North Carolina · 1911
- Swift v. EdsonSupreme Court of Connecticut · 1825
- Watson v. WellsSupreme Court of Connecticut · 1825
- Carter v. ChampionSupreme Court of Connecticut · 1831
- Inhabitants of Montville v. HaughtonSupreme Court of Connecticut · 1829
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