Balch v. Chaffee
Supreme Court of Connecticut
Action to foreclose two mortgages on one piece of land, brought to the Court of Common Pleas in Hartford County and tried to the court, Case, J.; facts found and judgment rendered for the plaintiff establishing the validity and precedence of his first mortgage, but giving to a mechanic’s lien claimed by the defendant King precedence over the plaintiff’s second mortgage, and appeal by the plaintiff for alleged errors in the rulings of the court.
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Action to foreclose two mortgages on one piece of land, brought to the Court of Common Pleas in Hartford County and tried to the court, Case, J.; facts found and judgment rendered for the plaintiff establishing the validity and precedence of his first mortgage, but giving to a mechanic’s lien claimed by the defendant King precedence over the plaintiff’s second mortgage, and appeal by the plaintiff for alleged errors in the rulings of the court. These facts appeared from the finding: The condition of the first mortgage recited a note of the grantor in favor of the grantee for $150, adding: “…
1Opinion of the CourtBaldwin, J.
The Court of Common Pleas correctly held that as against the defendant King the second mortgage was ineffectual and the first secured nothing but the money which had been lent before its execution. As against subsequent incumbrancers, who may take title without other notice than that given by the land records, future advances cannot be secured by a mortgage deed which does not show any agreement to make them nor name the amount to which they may be made.' No duty of inquiry, in such case, rests upon one who afterwards, in good faith, and in ignorance that such advances have been in fact made,…
2Cases cited4 opinions
- Pettibone v. GriswoldSupreme Court of Connecticut · 1822
- Wilcox v. WoodruffSupreme Court of Connecticut · 1891
- Fitch v. BakerSupreme Court of Connecticut · 1855
- Lindsay v. GunningSupreme Court of Connecticut · 1890
3Cited by24 opinions
- State v. CourchesneSupreme Court of Connecticut · 2003
- Amsel v. BrooksSupreme Court of Connecticut · 1954
- Society for Savings v. Chestnut Estates, Inc.Supreme Court of Connecticut · 1979
- Bridgeman v. City of DerbySupreme Court of Connecticut · 1926
- H & S TORRINGTON ASSOCIATES v. Lutz Engineering Co.Supreme Court of Connecticut · 1981
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