Windham County Savings Bank v. Himes
Supreme Court of Connecticut
Action to recover the balance of a mortgage debt after a foreclosure of the mortgage; brought to the Superior Court in Windham County. Facts found and case reserved for the advice of this court. The case is sufficiently stated in the opinion.
1Opinion of the CourtCarperter, J.
This is an action to recover the balance of a mortgage debt after a foreclosure of the mortgage. The defendant was a party to the foreclosure suit. No application was made to the court to appoint appraisers to ascertain the value of the mortgaged premises at the time of the foreclosure; as there was no appraisal the defendant insists that the suit cannot be maintained. The case is reserved for the advice of this court.
Prior to 1833 the foreclosure of a mortgage operated to extinguish the mortgage debt. In that year a statute was passed which appears in the revision of 1875, p. 358, sec. 2, as…
2Cited by13 opinions
- Waterbury Teachers Assn. v. FurlongSupreme Court of Connecticut · 1972
- State v. CarboneSupreme Court of Connecticut · 1977
- Bissell v. DickersonSupreme Court of Connecticut · 1894
- Fair Haven & Westville Railroad v. City of New HavenSupreme Court of Connecticut · 1903
- State Ex Rel. Wallen v. HatchSupreme Court of Connecticut · 1909
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