Raffel v. Clark
Supreme Court of Connecticut
Action to foreclose a mortgage of real estate, brought to the District Court of Waterbury and transferred on motion of one of the defendants to the Superior Court in New Haven County where the cause was tried to the court, Reed, J.; facts found and judgment rendered for the plaintiff against all the defendants, and in favor of the defendants Clark and Howshield against the defendant Curtis, from which the latter appealed. Error and cause remanded.
1Opinion of the CourtBeach, J.
The complaint alleges, and the trial court has found, that on May 19th, 1911, the defendants Clark and Howshield mortgaged the land in question to the plaintiff as security for an indebtedness of $4,200, evidenced by their promissory note; that the note became due and payable on demand by reason of a default in the payment of the interest due May 19 th, 1912; that in the meantime the land had been conveyed to the defendant Curtis by a deed dated December 28th, 1911, reciting that the grantee assumed and agreed to pay the mortgage debt; that Curtis was in possession under the deed, and that…
2Cases cited4 opinions
- Kilmer v. . SmithNew York Court of Appeals · 1879
- Blass v. . TerryNew York Court of Appeals · 1898
- Demaris v. RodgersSupreme Court of Minnesota · 1910
- Swisher v. PalmerAppellate Court of Illinois · 1902
3Cited by14 opinions
- Haskins v. YoungSupreme Court of Connecticut · 1915
- Page v. HincheeSupreme Court of Oklahoma · 1935
- Fishback v. J. C. Forkner Fig Gardens, Inc.California Court of Appeal · 1934
- Consolidated Realty Corp. v. DunlopCourt of Appeals for the D.C. Circuit · 1940
- Gagner v. PetrauskasSupreme Court of Connecticut · 1930
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