Sebor v. Robbins

Supreme Court of Connecticut
Sebor v. Robbins, 1 Root 460 (Conn. 1792)

Sebor v. Robbins

Opinion of the Court

The petitioners by the levy of their execution acquired all the right and interest Levi had in that part of the mortgaged premises, levied upon, which amounted to £213 more than to pay said Oliver his debt, the incumbrance upon the whole mortgaged premises; and upon their paying Oliver the whole of his debt, out of the interest they had of Levi, it extinguished his right to the whole premises in equity — his release therefore, conveyed nothing but a naked legal title, and as the mortgage money was paid out of Levi’s estate, it ought to inure equally for the benefit of Porter as the petitioners — they having a further debt against Levi, made no difference in this respect and can be no ground for a degree of foreclosure against said Porter or his assigns.

Reference

Full Case Name
Sebor and Shaler v. Levi Robbins and Israel Porter
Status
Published