Stoughton v. Pasco
Supreme Court of Connecticut
IN ERROR. This was a bill in chancery, brought by Stoughton, to redeem mortgaged premises. The plaintiff and Jonathan Pasco were trustees of the goods and effects of one Stephen Heath, deceased, for the benefit of certain legatees, according to his last will and testament.
Read the full summary
IN ERROR. This was a bill in chancery, brought by Stoughton, to redeem mortgaged premises. The plaintiff and Jonathan Pasco were trustees of the goods and effects of one Stephen Heath, deceased, for the benefit of certain legatees, according to his last will and testament. The amount of the property in the hands of the trustees, in February, 1812, which had been inventoried, was, at the inventory price, 6,501 dollars, 28 cents, and of property not inventoried, 302 dollars, 50 cents. On the 8th of February, 1823, Jonathan Pasco, as trustee as aforesaid, was justly indebted to the plaintiff in…
1Opinion of the Court
Hosmer, Ch. J.
The general question in this case, is whether the mortgage made by Jonathan Pasco to the plaintiff, is void in respect of Ashna Pasco, a subsequent mortgagee, except as regards a small debt by promissory note.
The objection made, on the defendant’s part, to the granting of the prayer of the plaintiff’s bill, is founded on the law requiring the recording of deeds. It is insisted, that the policy of the recording system, will be violated, by giving validity to a mortgage, containing, as the one in question is supposed to do, no reasonable certainty in the description of the debt…
2Cases cited2 opinions
- Pettibone v. GriswoldSupreme Court of Connecticut · 1822
- Peters v. GoodrichSupreme Court of Connecticut · 1819
3Cited by18 opinions
- Witczinski v. EvermanMississippi Supreme Court · 1876
- Sadd v. HeimSupreme Court of Connecticut · 1956
- Crane v. DemingSupreme Court of Connecticut · 1829
- Ives v. StoneSupreme Court of Connecticut · 1884
- Ricketson v. RichardsonCalifornia Supreme Court · 1861
13 more not listed; retrieve them via the Exa API.