Rockwell v. Bradley
Supreme Court of Connecticut
THIS was an action of ejectment for several pieces of land. The ouster was laid on the 2d of September 1815. The action was commenced on the 25th of the same month. The cause was tried at Litcfifield, August term 1816, before Trumbull, Smith and Baldwin, Js. On the trial, the plaintiffs claimed title to the demanded premises by virtue of three mortgage deeds from the defendant.
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THIS was an action of ejectment for several pieces of land. The ouster was laid on the 2d of September 1815. The action was commenced on the 25th of the same month. The cause was tried at Litcfifield, August term 1816, before Trumbull, Smith and Baldwin, Js. On the trial, the plaintiffs claimed title to the demanded premises by virtue of three mortgage deeds from the defendant. The first was dated the 23d of August 1814, conditioned for the payment of 4000 dollars, by instalments, on the 1st of March, April and May, 1816 j the second was dated the 6th of December 1814, conditioned for the…
1Opinion of the Court
Swift, Ch. J.
The question is, whether an action of dis-seisin can he maintained, by the mortgagee, against the mortgagor, who continued in possession, without notice to quit.
The mortgagee, on the execution of the deed, is vested with the fee of the land, and is entitled to the immediate possession, though the law day has not elapsed. It is, however, the understanding of the parties, that the mortgagor shall retain the possession.
Toe principle contended for, on the part of the defendant. *5is? that the mortgagor continues in possession by the license, consent, and agreement of the mortgagee ;…
2Cited by18 opinions
- Teal v. WalkerSupreme Court of the United States · 1884
- Desiderio v. IadonisiSupreme Court of Connecticut · 1932
- Chamberlain v. ThompsonSupreme Court of Connecticut · 1834
- Clark v. BeachSupreme Court of Connecticut · 1826
- Hartford Realization Co. v. Travelers InsuranceSupreme Court of Connecticut · 1933
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