Crestar Bank v. Chickosky, No. Cv94 0704959 (Aug. 23, 1994)

Connecticut Superior Court

Crestar Bank v. Chickosky, No. Cv94 0704959 (Aug. 23, 1994)

1994 Conn. Super. Ct. 8542

Connecticut Superior Court·Decided August 23, 1994·No. No. CV94 0704959·Unpublished

Opinion

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]MEMORANDUM OF DECISION The court grants the motion to reconsider.

This is an action in replevin under C.G.S. Chapter 921. Section 52-522 of that chapter provides that in such an action "no cause of action, except of replevin or for a conversion . . ., may be stated."

This is an action in rem.

The boat in question is mortgaged under the Ship Mortgage Act, 4B U.S.c. § 951. "[T]he jurisdiction to foreclose the lien of the mortgage and to determine its priority in relation to other liens in a proceeding in rem CT Page 8543 is made exclusive [in the federal courts] by the Act."Reedsburg Bank v. Apollo, 508 F.2d 995, 999.

The court denies the relief requested.

N. O'Neill, J.

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[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]MEMORANDUM OF DECISION The court grants the motion to reconsider.

This is an action in replevin under C.G.S. Chapter 921. Section 52-522 of that chapter provides that in such an action "no cause of action, except of replevin or for a conversion . . ., may be stated."

This is an action in rem.

The boat in question is mortgaged under the Ship Mortgage Act, 4B U.S.c. § 951. "[T]he jurisdiction to foreclose the lien of the mortgage and to determine its priority in relation to other liens in a proceeding in rem CT Page 8543 is made exclusive [in the federal courts] by the Act."Reedsburg Bank v. Apollo, 508 F.2d 995, 999.

The court denies the relief requested.

N. O'Neill, J.

Crestar Bank v. Chickosky, No. Cv94 0704959 (Aug. 23, 1994), 1994 Conn. Super. Ct. 8542 (Colo. Ct. App. 1994).

Pincite

1994 Conn. Super. Ct. 8542 (Crestar Bank v. Chickosky, No. Cv94 0704959 (Aug. 23, 1994)) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

N. O'Neill, J.

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