Salisbury Savings Society v. Cutting
Supreme Court of Connecticut
Suit for a foreclosure; brought to the Superior Court in Litchfield County. The facts were found by a committee. On the 3d of May, 1872, William E. Cutting procured from the plaintiffs a loan of $1,400, and on the same day mortgaged to them as security for it, by a warranty deed, the property now sought to be foreclosed, which consisted of about' a quarter of an acre of land in Salisbury with a dwelling house and tin shop on it. The mortgage was at once put on record.
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Suit for a foreclosure; brought to the Superior Court in Litchfield County. The facts were found by a committee. On the 3d of May, 1872, William E. Cutting procured from the plaintiffs a loan of $1,400, and on the same day mortgaged to them as security for it, by a warranty deed, the property now sought to be foreclosed, which consisted of about' a quarter of an acre of land in Salisbury with a dwelling house and tin shop on it. The mortgage was at once put on record. At this time Cutting had no legal title to the premises conveyed. On the 8th of January, 1872, he had purchased the land, then…
1Opinion of the CourtPark, C. J.
TMs case has been argued before us as if it necessarily involved the question whether a deed given with covenants of warranty before the grantor acquires title to the land conveyed, is to prevail over a deed given, after the *119title is acquired by the grantox*, to a purchaser who takes it in good faith and with no knowledge of the previous deed and for value. If we were called upon to decide this question we should regard it as one of very serious difficulty, inasmuch as in sustaining the later deed we should have to dexiy the controlling application to the case of the well settled principles…
2Cases cited3 opinions
- Prince v. CaseSupreme Court of Connecticut · 1835
- Woods v. FarmereSupreme Court of Pennsylvania · 1838
- Farmers' Loan & Trust Co. v. MaltbyNew York Court of Chancery · 1840
3Cited by6 opinions
- Millard v. GreenSupreme Court of Connecticut · 1920
- Derisme v. Hunt Leibert Jacobson P.C.District Court, D. Connecticut · 2012
- Murphy v. SchwanerSupreme Court of Connecticut · 1911
- Wheeler v. YoungSupreme Court of Connecticut · 1903
- Currelli v. JacksonSupreme Court of Connecticut · 1904
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