Hobart v. Frisbie
Supreme Court of Connecticut
IN ERROR. This was a bill in chancery against Calvin Frisbie and Elias Pond, to redeem a certain piece of land mortgaged to Frisbie, by Pond, the equity of redemption in which had been foreclosed by Frisbie.
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IN ERROR. This was a bill in chancery against Calvin Frisbie and Elias Pond, to redeem a certain piece of land mortgaged to Frisbie, by Pond, the equity of redemption in which had been foreclosed by Frisbie. The bill stated, that the plaintiff attached the premises before foreclosure, and having obtained judgment, levied his execution within four months thereafter, but not until after the foreclosure had taken effect; that the plaintiff was ignorant of the decree of foreclosure, and has since tendered to Frisbie the mortgage money due to him. The averment in the bill regarding the levy of the…
1Opinion of the CourtPeters, J.
The defendants contend, 1. that the bill contains no averment, that the execution and the doings of the officer thereon were duly recorded or returned, but a mere recital of the evidence thereof; and 2. that the officer’s return sets off to the creditor neither the whole, nor a correct proportion, of the equity of redemption.
1. By the recital of the return, it becomes parcel of the bill; and it is included in the demurrer. The averment in the bill is, that the plaintiff caused the execution to be duly levied on the land; and that the same was set off in due form of law, in full satisfaction…
2Cases cited4 opinions
- Parker v. Rule's LesseeSupreme Court of the United States · 1815
- Bacon v. PageSupreme Court of Connecticut · 1815
- Scripture v. JohnsonSupreme Court of Connecticut · 1819
- Punderson v. BrownSupreme Court of Connecticut · 1803
3Cited by8 opinions
- Botsford v. BeersSupreme Court of Connecticut · 1836
- Mitchell v. KirtlandSupreme Court of Connecticut · 1828
- Lewis v. St. Paul, M. &. M. Ry. Co.South Dakota Supreme Court · 1894
- Cunningham v. CassidyNew York Court of Appeals · 1858
- Langer v. NultemeierNorth Dakota Supreme Court · 1926
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