165 A. 210 | Conn. | 1933
In December, 1926, the plaintiff was engaged in constructing an apartment house upon certain premises owned by his wife. The defendant loaned them $11,800 and later $5600, in each instance receiving a mortgage upon the premises executed by the wife. Within less than a month after the second mortgage was given, the plaintiff's wife conveyed the property to him. He then executed to Dominick Celotto a negotiable note for $20,000 payable on demand, secured by a mortgage upon the premises. The plaintiff's indebtedness to Celotto at the time did not exceed $3150, although some time later Celotto advanced him additional sums not exceeding a total of $5000. A few days after the execution of the mortgage to Celotto, the plaintiff borrowed from the defendant the further sum of $5700 and gave him another mortgage upon the property to secure the loan. The finding then states that shortly thereafter the plaintiff transferred to his wife the record title to the property and on March 14th, 1927, he secured from Celotto an assignment to himself of the $20,000 mortgage and note, without recourse. Whether the transfer of title to the plaintiff's wife was before or after the so-called assignment of the Celotto mortgage to the plaintiff is not definitely found, but all parties seem to have assumed that it was before and this would be the natural construction of the finding. A copy of the instrument transferring the Celotto mortgage to the plaintiff, made a part of the finding, discloses that the instrument was in the form of a quitclaim *388 deed, reciting as consideration $1 and other valuable considerations, and purporting to assign, transfer, release and quitclaim to the plaintiff all Celotto's right, title and interest not only in the mortgage but also in the land covered by it, which was described, and the note secured by it, the latter without recourse. The plaintiff thereafter induced the defendant to loan him a further sum of $3000 and to secure the loan purported to assign to him as collateral the Celotto mortgage. Default being made upon the mortgages held by the defendant upon the premises, he foreclosed them and, no defendant redeeming, title became absolute in him. This action is brought by the plaintiff against the defendant to foreclose the Celotto mortgage and from the judgment in favor of the defendant the plaintiff has appealed.
The nature of the transaction by which the plaintiff conveyed the title of the premises to his wife after making the mortgage to Celotto is not found. It does not appear that she assumed that mortgage and she must be regarded as having taken the title to the property, at most, subject to it. This would not create a personal liability upon her part to pay the mortgage debt; Lippitt v. Thames Loan Trust Co.,
There is no error.
In this opinion the other judges concurred.
