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Devlin v. Wiener

Supreme Court of Connecticut

656 A.2d 664 (1995)

Relevant factsFree

Devlin's (plaintiff's) mortgage deed securing Pine's $84,000 debt didn't state that dollar amount directly, but specified the amount was contained in a separate purchase and sale agreement located at a named attorney's office; after Pine transferred its interest to Wiener (defendant) and defaulted, Wiener argued the mortgage deed was too indefinite to enforce against her since she wasn't a party to the original mortgage, but the trial court found the deed valid.

IssueFree

Whether a mortgage deed is sufficiently definite if a party is able to ascertain the extent of the encumbrance from information set out in the land records by common prudence and ordinary diligence.

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