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At common law, the available defenses to a complaint seeking the foreclosure of a mortgage are limited to such things as payment, discharge, release, satisfaction or the invalidity of the lien. Petterson vs. Weinstock,
106 Conn. 436 ,441 . Under no stretch of the imagination can one interpret the legal special defense [alleged abuse of *Page 328 process wrought by excessiveness of attachment with which suit begun] as falling within any of the above classifications. It does not avoid the plaintiff's cause of action and is totally without merit as a defense.The demurrer is sustained on all grounds.
Document Info
Docket Number: File No. 64518
Citation Numbers: 12 Conn. Super. Ct. 327
Judges: O'SULLIVAN, J.
Filed Date: 1/11/1944
Precedential Status: Precedential
Modified Date: 5/5/2017