Legal Opinion

Middletown Savings Bank v. Fellowes

Supreme Court of Connecticut

Decided February 15, 1875PublishedCited by 12 opinions

Bill to foreclose a mortgage; brought to the Superior Court in Middlesex County. The respondents were F. Fellowes, the mortgagor, and Erastus Phelps, who claimed a prior builder’s lien upon the property. The following facts were found by a committee: On the 1st day of May, 1869, the premises in question were owned in fee by one Roswell 0. Smith.

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Bill to foreclose a mortgage; brought to the Superior Court in Middlesex County. The respondents were F. Fellowes, the mortgagor, and Erastus Phelps, who claimed a prior builder’s lien upon the property. The following facts were found by a committee: On the 1st day of May, 1869, the premises in question were owned in fee by one Roswell 0. Smith. H. & S. Bissell had previously contracted to purchase the property, and had obtained from Smith a written contract or bond for a deed. They were to pay for it in part by conveying to Smith a dwelling house worth about $20,000, and of which they had…

1Opinion of the CourtFoster, J.

The contention in this case is as to priority of lien ; the plaintiffs claiming as mortgagees, and the defendant Phelps under a mechanic’s lien for materials 'furnished and services rendered.

*48The claim of each party is founded in the highest equity. The amounts involved are large, so large that the property, though found to he worth $50,000, is insufficient for their payment. ¥e have endeavored to give the question that careful consideration which its importance demands.

On the 12th of June, 1869, the premises in question belonged, and for a long time previously had belonged, to the lato Mr. R.…

2Cases cited2 opinions

  1. Hayes v. FessendenMassachusetts Supreme Judicial Court · 1870
  2. Botsford v. New Haven Middletown & Willimantic RailroadSupreme Court of Connecticut · 1874

3Cited by12 opinions

  1. Kansas Mortgage Co. v. WeyerhaeuserSupreme Court of Kansas · 1892
  2. Van Eepoel Real Estate Co. v. Sarasota Milk Co.Supreme Court of Florida · 1930
  3. Pusey & Jones v. Pennsylvania Paper MillsU.S. Circuit Court for the District of Middle Pennsylvania · 1909
  4. Hillhouse v. PrattSupreme Court of Connecticut · 1901
  5. Jackson v. JacksonCourt of Appeals of Kentucky · 1880

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