Broome v. Beers
Supreme Court of Connecticut
IN ERROR. This was a bill in chancery, brought by Beers against Broome, before the superior court in Fairfield county, to foreclose the equity of redemption in certain mortgaged premises; and was tried at Danbury, September term, 1821, before Brainard, J. (a). The facts stated in the bill and found by the court, so far as they affect any question made in this case, are the following.
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IN ERROR. This was a bill in chancery, brought by Beers against Broome, before the superior court in Fairfield county, to foreclose the equity of redemption in certain mortgaged premises; and was tried at Danbury, September term, 1821, before Brainard, J. (a). The facts stated in the bill and found by the court, so far as they affect any question made in this case, are the following. On the 3rd of February, 1812, Isuac Hawley mortgaged a tract of land lying in New-Milford, in Litchfield county, to Truman Minor, to secure the payment of six promissory notes, amounting to 3143 dollars.…
1Opinion of the Court
Hosmer, Ch. J.
I will first put out of the case several objections, that require no discussion.
The title to the land was not in question under the plaintiff’s bill of foreclosure. On a bill of this description, the mortgagee’s title cannot be investigated; but he will be left to pursue legal means to establish it. 2 Pow. on Mort. 1044. Anon. 2 Ch. Ca. 244. The point has often been adjudged in this state; and the jurisdiction ofthe court is unquestionable.
The only parties in interest are before the court. By a former decree of foreclosure, the equity of redemption of Minor and Wright, and the…
2Cases cited6 opinions
- Storrs v. BarkerNew York Court of Chancery · 1822
- Baldwin v. NortonSupreme Court of Connecticut · 1817
- Beers v. HawleySupreme Court of Connecticut · 1818
- Buck v. CottonSupreme Court of Connecticut · 1816
- Gaylord v. CouchSupreme Court of Connecticut · 1811
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Pacelli Bros. Transportation, Inc. v. PacelliSupreme Court of Connecticut · 1983
- Schmidt v. Yardney Electric Corp.Connecticut Appellate Court · 1985
- Middletown Savings Bank v. BacharachSupreme Court of Connecticut · 1879
- State v. Council 4Connecticut Appellate Court · 1992
- Pettus v. GaultSupreme Court of Connecticut · 1908
12 more not listed; retrieve them via the Exa API.