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FEDERAL DEPOSIT INS. CORP. v. OWEN

No. 25216.

873 A.2d 1003 (2005)

88 Conn.App. 806

FEDERAL DEPOSIT INSURANCE CORPORATION, Receiver of Saybrook Bank and Trust Company v. Joseph E. OWEN et al.

Appellate Court of Connecticut.

Decided May 10, 2005.

Attorney(s) appearing for the Case

James M. Nugent, Milford, for the appellants (named defendant et al.).

Donald E. Frechette, Hartford, for the appellee (substitute plaintiff RFC Property I, Inc.).

DRANGINIS, FLYNN and GRUENDEL, Js.

DRANGINIS, J.

The primary issues in this mortgage foreclosure action are governed by an "ancient" rule that distinguishes a lender's rights at law from those in equity. "That no action at law will lie upon these notes, if the statute of limitations is pleaded, cannot be doubted. Nor can it be claimed, that this statute ... shall operate in a court of equity." Belknap v. Gleason, 11 Conn. 160, 162 (1836).

Here, the defendants Joseph E. Owen and Geraldine...

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