Greene v. A. & W. Sprague Manufacturing Co.
Supreme Court of Connecticut
Suit to foreclose a judgment lien, to set aside or postpone a trust mortgage and assignment in insolvency, and for possession of the premises covered by the lien ; brought to the Superior Court in New London County; being the same case brought before this court upon a demurrer to the complaint, at its October term, 1881, and reported in 4-9 Conn.
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Suit to foreclose a judgment lien, to set aside or postpone a trust mortgage and assignment in insolvency, and for possession of the premises covered by the lien ; brought to the Superior Court in New London County; being the same case brought before this court upon a demurrer to the complaint, at its October term, 1881, and reported in 4-9 Conn. R., 282. De Wolf, the plaintiff in the case at that time, had since died, and the present plaintiff had been appointed receiver in his place, and had entered in the suit. The court, at the former hearing, overruled the demurrer, and held the…
1DissentHovey, J.
In disposing of this case as it stood upon the record at the time of the hearing upon the demurrer to the plaintiff’s complaint, we held, after much deliberation, that the description in the mortgage deed of November 1st, 1873, was insufficient under the laws of this state to convey to the defendant Chafee any title to or interest in the premises which the plaintiff is seeking to foreclose. We also held that that deed, as a mortgage of real estate in this state, was fraudulent and void as against creditors of the A. & W. Sprague Manufacturing Company, who did not assent to it within the time…
2Cases cited8 opinions
- Halsey v. FairbanksU.S. Circuit Court for the District of Massachusetts · 1826
- Baldwin v. Peet, Sims & Co.Texas Supreme Court · 1859
- DeWolf v. A. & W. Sprague Manufacturing Co.Supreme Court of Connecticut · 1881
- Mauldin, Montague & Co. v. ArmisteadSupreme Court of Alabama · 1848
- Townsend & Bros. v. HarwellSupreme Court of Alabama · 1850
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