Derby Bank v. Landon
Supreme Court of Connecticut
THE original judgment having been reversed, pursuant to the advice of this Court, (2 Conn. Rep. 417. 419.) the cause was entered in the superior court, and tried again, on the general issue, at New-llaxen. January term, 1819, before Trumbull, Hosmer and Peters, Js.
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THE original judgment having been reversed, pursuant to the advice of this Court, (2 Conn. Rep. 417. 419.) the cause was entered in the superior court, and tried again, on the general issue, at New-llaxen. January term, 1819, before Trumbull, Hosmer and Peters, Js. On this trial, it appeared, that the debt, in favour of the plaintiffs, against Lewis, on which the execution in question was founded, was secured to the plaintiffs, by mortgage ; that they had obtained a decree of foreclosure against the mortgagor ; that the time limited by the decree for redemption had expired; and that the…
1Opinion of the Court
Hosmer, Ch. J.
This action is brought against the defendant, as sheriff, for the default of his deputy, in not serving and returning an execution against one William Lewis. Under the plea of not guilty, the defendant claimed, that the plaintiff had foreclosed the equity of redemption to certain mortgaged premises, which were collateral security to the note on which judgment was rendered, and on which judgment the above execution issued; and had entered into the possession of them. The superior court adjudged this to be no defence.
It is contended by the defendant, that the foreclosure…
2Cases cited1 opinion
- M'Ewen v. WellesConnecticut Superior Court · 1790
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- Desiderio v. IadonisiSupreme Court of Connecticut · 1932
- City Lumber Co. of Bridgeport, Inc. v. MurphySupreme Court of Connecticut · 1935
- Federal Deposit Insurance v. Hillcrest AssociatesSupreme Court of Connecticut · 1995
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