Legal Opinion

Farrel Foundry v. Dart

Supreme Court of Connecticut

Decided September 15, 1857PublishedCited by 19 opinions

Bill in equity to redeem mortgaged premises. ' The land in question was situated in Derby in the county of New Haven. The petitioners, a joint stock corporation, had acquired by an attachment and levy of execution, the equity of redemption of the mortgagor, Courtney Schenck, unless a conveyance of the same made by the said Courtney to Peter Schenck prior to the attachment, was valid. The respondents had become the owners by assignment of the mortgage.

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Bill in equity to redeem mortgaged premises. ' The land in question was situated in Derby in the county of New Haven. The petitioners, a joint stock corporation, had acquired by an attachment and levy of execution, the equity of redemption of the mortgagor, Courtney Schenck, unless a conveyance of the same made by the said Courtney to Peter Schenck prior to the attachment, was valid. The respondents had become the owners by assignment of the mortgage. They also held the interest of Peter Schenck, since deceased, under certain trusts in his will. The attach-merit of the petitioners was made on…

1Opinion of the CourtStores, C. J.

On the general principle of law that real estate must be conveyed according to the laws of the state in which it is situated, the deed from Courtney Schenck to Peter H. Schenck is plainly invalid for the want of the number of attesting witnesses required by the laws of this state in regard to the mode of making such conveyances, unless, as is claimed by the plaintiff in error, it is validated by the 72d chapter of the acts-of 1855, which provides that “ all deeds and other conveyances of real estate in this state, which have been executed and acknowledged in any other state or territory, in…

2Cases cited2 opinions

  1. Ex parte BurrU.S. Circuit Court for the District of District of Columbia · 1823
  2. Farmers & Citizens' Bank v. PayneSupreme Court of Connecticut · 1857

3Cited by19 opinions

  1. Hayward, Assignee v. National InsuranceSupreme Court of Missouri · 1873
  2. Thornley v. United StatesSupreme Court of the United States · 1885
  3. First National Bank v. GiffordSupreme Court of Iowa · 1877
  4. Bickart v. SanditzSupreme Court of Connecticut · 1927
  5. Waynesville Nat. Bank v. IronsUnited States Circuit Court · 1881

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