Town of Farmington v. Westland Co.
Town of Farmington v. Westland Co.
Opinion of the Court
These are two cases, argued together. One is an action for the foreclosure by sale of certain tax liens in favor of the town of Farmington, the other an action for the foreclosure by sale of certain tax liens and liens for an assessment of benefits from the con
The facts necessary to be stated are few. A default for failure to disclose a defense was entered against the defendants. With the case in this posture, the trial court denied the motions to dismiss and refused hearings on the other motions. Subsequently, judgment for foreclosure by sale was rendered in each case in favor of the plaintiff.
The questions included in the named defendants’ statements of issues relate directly or indirectly to their motions for dismissal and the motions with requests for rulings. Since there was no objection to the denial of the motion to dismiss and the refusal to rule on the other motions, the plaintiff insists that there would appear to be nothing from which to appeal. We agree.
The record shows that the defendants were defaulted for failure to disclose a defense; Practice Book § 236; and that the motions for dismissal and rulings failed to meet the requirements of the rules of pleading. And it further appears that when the plaintiff pointed out that the motions were untimely and made out of order; Practice Book §§ 112, 114; that none of the motions had been properly served; Practice Book § 121; and that the entry of the default judgment for failure to disclose a defense precluded the defendants from making any defense as to liability in the actions; Practice Book § 364; Kawasaki Kisen Kaisha, Ltd. v. Indomar, Ltd., 173 Conn. 269, 272, 377 A.2d 316 (1977); the defendants beat a hasty retreat, pausing only long enough to
We are importuned to declare that § 49-27 of the General Statutes
There is no error. The cases are remanded to the Superior Court for the setting of new sale dates and other necessary orders not inconsistent with this opinion.
In this opinion the other judges concurred.
“[General Statutes] Sec. 49-27. disposal op proceeds op sale. The proceeds of each such sale shall be brought into court, there to be applied if the sale is ratified, in accordance with the provisions of a supplemental judgment then to be rendered in the cause, specifying the parties who are entitled to the same and the amount to which each is entitled. If any part of the debt or obligation secured by the mortgage or lien foreclosed or by any subsequent mortgage or lien was not payable at the date of the judgment of foreclosure, it shall nevertheless be paid as far as may be out of the proceeds of the sale as if due and payable, with rebate of interest where the debt was payable without interest, provided, if the plaintiff is the purchaser at any such sale, he shall be required to bring into court only so much of the proceeds as exceed the amount due upon his judgment debt, interest and costs.”
Reference
- Full Case Name
- Town of Farmington v. Westland Company, Inc. Town of Farmington v. Geraldine D. Conlon
- Cited By
- 4 cases
- Status
- Published