Sec. 52-91a. (Formerly Sec. 52-38). Foreclosure. Redemption. Matter in demand.
Sec. 52-91a. (Formerly Sec. 52-38). Foreclosure. Redemption. Matter in demand. In actions for the foreclosure of title or the redemption of property claimed to
be subject to a mortgage or lien, the amount of the debt or liability secured by such
mortgage or lien, as described in the mortgage or certificate of lien, shall be deemed to
be the amount of the matter in demand.
(1949 Rev., S. 7746.)
History: Sec. 52-38 transferred to Sec. 52-91a in 1983.
Annotations to former section 52-38:
Court of common pleas under former statute had no jurisdiction to foreclose a three-thousand-dollar mortgage on
account of the nonpayment of semiannual interest. 41 C. 286. Interest on note carrying sum due beyond court's limit will
not oust it of jurisdiction. Id., 419. What presumed in support of jurisdiction. 43 C. 279. Under former statute court of
common pleas could not adjudicate the validity and priority of a nineteen-hundred-dollar mortgage, although auxiliary to the
foreclosure of a judgment lien within its jurisdiction. 70 C. 386. Court cannot extend jurisdiction to an earlier encumbrance
exceeding its limit. Id., 388. Rule applied to action to set aside deed. 87 C. 300. Applies by analogy in suit to have alleged
lien removed as a cloud on title. 95 C. 68. Cited. 134 C. 653.
Interest due is included but reasonable attorney's fees are not. 16 CS 323.
Amount in demand is amount of lien and determines jurisdiction of court. 5 Conn. Cir. Ct. 346.