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41 Conn. 418

Boyle v. Rice

Supreme Court of Connecticut

Decided September 15, 1874

Supreme Court of Connecticut · decided 1874-09-15

Writ op Error to reverse a decree of the Court of Common Pleas of Hartford County, rendered in a suit for the foreclosure of a mortgage.

Decided 1874-09-15

Park, C. J.

¶1We have recently held that the jurisdiction of the Court of Common Pleas in cases of mortgage foreclosures, depends upon the amount of the debt or liability expressly secured by the mortgage. The interest that may have accrued at the time the mortgage was given, or which might thereafter accrue, is not to be considered. Stone v. Platt, argued at the last circuit, (ante, page 285.) In that case the debt secured by the mortgage was a much larger sum than five hundred dollars, but was not due at the time the petition was brought. The foreclosure sought was for non-payment of the interest that had become due, which was much less than five hundred dollars.

¶2The suit in that case was brought to the Superior Court, and we held that that court had jurisdiction of the case.

¶3*420That case is decisive of the one at bar, and we have therefore no occasion to discuss the question.

¶4There is no error in the judgment complained of.

¶5In this opinion the other judges concurred.

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