McGann v. Sloan
Supreme Court of Connecticut
Action to foreclose certain real estate, brought to the Superior Court in New Haven County where an order for the sale of the mortgaged premises was passed ('Rorabaclc, J.'), and a supplemental judgment was afterwards rendered by the court, Shumway, Jawarding the proceeds of the sale, over and above the mortgage debt, to the respondent John T. Sloan, from which the respondent Humiston, trustee, appealed for alleged errors in the rulings and findings of the court.
1Opinion of the CourtPrentice, J.
The contention in this case is over a fund in court which is the balance, after payment of the mortgage debt and costs, of the proceeds of a foreclosure by sale. Confessedly the defendant Sloan, a judgment lienor, is entitled to the whole fund unless the defendant, Humiston, as trustee in bankruptcy of Hatch & Norton, has a right to a share thereof as holding a prior incumbrance. Humiston’s contention rests upon a claimed mechanic’s lien, which lien, if a valid one, stands ahead of. Sloan’s.
Hatch & Norton were subcontractors, without a written contract, in the erection of a building upon the…
2Cases cited2 opinions
- White v. Washington School DistrictSupreme Court of Connecticut · 1875
- Edmonds v. BuelSupreme Court of Connecticut · 1854
3Cited by4 opinions
- Swift & Upson Lumber Co. v. W. L. Hatch Co.Supreme Court of Connecticut · 1932
- Lampson Lumber Co. v. RosadinoSupreme Court of Connecticut · 1954
- Phoenix Mut. Life Ins. Co. v. Opper, Admr.Supreme Court of Connecticut · 1902
- Williams v. State, No. Cv 010506762s (Oct. 11, 2001)Connecticut Superior Court · 2001