Legal Opinion
First National Bank & Trust Co. v. Strong
Supreme Court of Connecticut
Decided December 12, 1930PublishedCited by 4 opinions
1Opinion of the CourtBanks, J.
A mortgagor who has conveyed his equity, of redemption has a right to have the mortgaged property applied to the payment of the mortgage debt so far as necessary for his protection against personal liability for the debt secured. 2 Jones on Mortgages (8th Ed.) § 839. The mortgagee is not, however, obliged to tender an assignment of the mortgage security as a condition of recovery upon the note. Barnes v. Upham, 93 Conn. 491, 495, 107 Atl. 300. The mortgagor may justly complain if his personal liability upon the note, is allowed to remain, while the means which he has provided for meeting it…
2Cases cited4 opinions
- Worcester Mechanics' Savings Bank v. ThayerMassachusetts Supreme Judicial Court · 1884
- Barnes v. UphamSupreme Court of Connecticut · 1919
- Townsend Savings Bank v. MunsonSupreme Court of Connecticut · 1879
- Norton v. HenrySupreme Court of Vermont · 1895
3Cited by4 opinions
- Santoro v. KleinbergerSupreme Court of Connecticut · 1932
- Silverstein v. SasterMassachusetts Supreme Judicial Court · 1934
- Carruth v. First National Bank of Fort WorthCourt of Appeals of Texas · 1976
- Petters v. StormNebraska Supreme Court · 1937