Botsford v. New Haven Middletown & Willimantic Railroad
Supreme Court of Connecticut
Bill for the foreclosure of a builders’ lien; brought to the Court of Common Pleas of Fairfield County. The respondents were the New Haven, Middletown & Willimantic Railroad Company, William E. Raymond, treasurer of the state of Connecticut, as trustee of a first mortgage of the property and franchise of the railroad company, Charles Atwater, Henry B. Harrison and Julius Hotchkiss, trustees of a second mortgage of the same property, George H. Bishop and John N. Camp,…
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Bill for the foreclosure of a builders’ lien; brought to the Court of Common Pleas of Fairfield County. The respondents were the New Haven, Middletown & Willimantic Railroad Company, William E. Raymond, treasurer of the state of Connecticut, as trustee of a first mortgage of the property and franchise of the railroad company, Charles Atwater, Henry B. Harrison and Julius Hotchkiss, trustees of a second mortgage of the same property, George H. Bishop and John N. Camp, trustees of a third mortgage, and David Blakeslee, the legal owner of the land upon which the building was erected, on which…
1Opinion of the CourtFoster, J.
The principal question in this case is, whether the lien of the plaintiff shall attach to the described premises, prior or subsequent to two of the mortgages resting upon the same; one, to secure the payment of bonds to the amount of $3,000,000, dated May 1, 1869; the other to secure an amount of $1,500,000, dated June 5,1869.
The court below found the facts set forth in the petition true, so far as the claim for materials furnished and labor done was concerned, that the amount claimed was justly due and wholly unpaid, and that the lien was duly filed in all *464respects conformably to the…
2Cases cited1 opinion
- Benedict v. Danbury & Norwalk RailroadSupreme Court of Connecticut · 1856
3Cited by12 opinions
- Toledo, Delphos & Burlington Railroad v. HamiltonSupreme Court of the United States · 1890
- National Fireproofing Co. v. Town of HuntingtonSupreme Court of Connecticut · 1909
- Harris v. Youngstown Bridge Co.Court of Appeals for the Sixth Circuit · 1898
- Middletown Savings Bank v. FellowesSupreme Court of Connecticut · 1875
- Hillhouse v. PrattSupreme Court of Connecticut · 1901
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