Legal Opinion

Jarvis v. Aikens

Supreme Court of Vermont

Decided September 15, 1853PublishedCited by 15 opinions

Appeal from tbe Court of Chancery. The bill was brought by the orator to foreclose a mortgage, dated the 19th day of July, 1845, and to foreclose the equity of redemption, of Daniel Aikens and those claiming under him, of three pieces or parcels of land in Barnard, described in said bill and mortgage, as follows: one piece of about one hundred acres, called the “ Paul Ellis Farm.” One other piece of land containing about one hundred acres known as the “ Lease Lot.”

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Appeal from tbe Court of Chancery. The bill was brought by the orator to foreclose a mortgage, dated the 19th day of July, 1845, and to foreclose the equity of redemption, of Daniel Aikens and those claiming under him, of three pieces or parcels of land in Barnard, described in said bill and mortgage, as follows: one piece of about one hundred acres, called the “ Paul Ellis Farm.” One other piece of land containing about one hundred acres known as the “ Lease Lot.” And also a piece of land containing about fifty acres. The bill was in the usual form. Sarah A. Goddard, answering says, that she…

1Opinion of the Court

The opinion of the court was delivered by

Bennett, J.

This case comes up by an appeal from the Court of Chancery. The bill is brought to foreclose the equity of redemption, of Daniel Aikens and those claiming under him, in certain parcels of lands, described in the bill of complaint, and in the mortgage deed from said Aikens to the orator, bearing date the 19th day of July, 1845, and recorded the same day.

The first question relates to that portion of the mortgaged premises called in the bill the “ Paul Ellis Farm.” To this farm the defendant Sarah A. Goddard claims a paramount and prior title,…

2Cases cited1 opinion

  1. Dudley v. CadwellSupreme Court of Connecticut · 1848

3Cited by15 opinions

  1. Poplin v. MundellSupreme Court of Kansas · 1882
  2. McElroy v. McLeaySupreme Court of Vermont · 1899
  3. North v. HenneberryWisconsin Supreme Court · 1878
  4. Hale v. HollonCourt of Appeals of Texas · 1897
  5. Bingham v. KirklandSupreme Court of New Jersey · 1881

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