Carter v. Champion
Supreme Court of Connecticut
This was a bill in chancery to correct a mistake in a mortgage deed and to obtain a decree of foreclosure, brought by George Carter, against Epaphroditus Champion, William Carter and others. The defendants were all defaulted, except Champion, who appeared and filed his answer.
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This was a bill in chancery to correct a mistake in a mortgage deed and to obtain a decree of foreclosure, brought by George Carter, against Epaphroditus Champion, William Carter and others. The defendants were all defaulted, except Champion, who appeared and filed his answer. On the 25th of May, 1829, William Carter, to secure the plaintiff for indorsing his note for 500 dollars, payable in four months, at the branch of the United States Bank in Hartford, mortgaged to him two pieces of land in Killing-worth. The mortgage deed was duly executed and attested, in all respects, except that…
1Opinion of the CourtWilliams, J.
The plaintiff asks to have this deed, which is defectively executed, established, as against the grantor and his creditors. The grantor does not object to this; and if he did, his objection could not avail him, as was adjudged in Watson & al. v. Wells, 5 Conn. Rep. 468. and Smith v. Chapman & al. 4 Conn. Rep. 344. But whether the plaintiff has the same right as against other mortgagees of the same property and attaching creditors, is the great question.
The rights of these various creditors are now concentrated in Champion, the defendant. His debts are older than the plaintiffs; but the…
2Cases cited3 opinions
- Lessee of Heister v. FortnerSupreme Court of Pennsylvania · 1809
- Watson v. WellsSupreme Court of Connecticut · 1825
- Smith v. ChapmanSupreme Court of Connecticut · 1822
3Cited by20 opinions
- National Transportation Co., Inc. v. ToquetSupreme Court of Connecticut · 1937
- Donald & Co. v. HewittSupreme Court of Alabama · 1859
- Chamberlain v. ThompsonSupreme Court of Connecticut · 1834
- Hackett v. CallenderSupreme Court of Vermont · 1859
- Harrison v. TraderSupreme Court of Arkansas · 1874
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