¶1The 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.
1 Root 460
Sebor v. Robbins
Decided September 15, 1792
Supreme Court of Connecticut · decided 1792-09-15
Petition in chancery, showing that Levi Robbins by deed dated November 1786, mortgaged a piece of land to Oliver Robbins, to secure a debt of £60; that afterwards said Levi sold and conveyed to Israel Porter, one acre and twenty-six rods of said mortgaged premises by an absolute deed, wlio immediately went into possession; that in April A. D. 1788 the petitioners recovered a judgment against said Levi and one Stanley, both bankrupts, for the sum of £268 took out execution…
Decided 1792-09-15