Rose v. Persse & Brooks Paper Works
Supreme Court of Connecticut
Bills for tbe foreclosure of builders’ liens on three paper mills belonging to the defendants. The facts in the two cases are similar in all essential points, a part of the work and materials for which the liens were claimed having been furnished by the petitioner Rose individually, and a part by the copartnership of Rose & Yaughn, of which he was a member, who were the petitioners in the other bill.
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Bills for tbe foreclosure of builders’ liens on three paper mills belonging to the defendants. The facts in the two cases are similar in all essential points, a part of the work and materials for which the liens were claimed having been furnished by the petitioner Rose individually, and a part by the copartnership of Rose & Yaughn, of which he was a member, who were the petitioners in the other bill. A statement of the case of the petitioner Rose will therefore be sufficient. The three paper mills, at the time when the lien was claimed to have commenced, in October, 1856, belonged to a…
1Opinion of the CourtHinman, J.
The debts which the plaintiffs in these cases claim as incumbrances upon the defendants’ paper mill were contracted by Persse & Brooks, the former owners of the property, as individuals. And the defendants first make the question, whether bills for foreclosure can be sustained without Persse & Brooks being made parties to them. But ever since the case of Swift v. Edson, 5 Conn., 531, it has been considered well settled that a mortgagor who has parted with his interest in the mortgaged property need not be made a party to a bill to foreclose. The object of such a suit is to effect the…
2Cases cited2 opinions
- Swift v. EdsonSupreme Court of Connecticut · 1825
- Tucker v. BaldwinSupreme Court of Connecticut · 1839
3Cited by23 opinions
- Chapin v. Persse & Brooks Paper WorksSupreme Court of Connecticut · 1862
- Camputaro v. Stuart Hardwood Corp.Supreme Court of Connecticut · 1980
- Thompson & Peck, Inc. v. Division Drywall, Inc.Supreme Court of Connecticut · 1997
- Aeschlimann v. . Presbyterian HospitalNew York Court of Appeals · 1901
- Stone v. RosenfieldSupreme Court of Connecticut · 1954
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