Legal Opinion

Stafford v. Ballou

Supreme Court of Vermont

Decided February 15, 1845PublishedCited by 4 opinions

Appeal from the court of chancery. It appeared that the case was not heard by the chancellor, but a decree passed by consent, with a view to bring the case here.

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Appeal from the court of chancery. It appeared that the case was not heard by the chancellor, but a decree passed by consent, with a view to bring the case here. This court (Redfield, J.) took occasion to say that such a practice, if it became general, must be attended with many evils; that the court were not then prepared to adopt the New York rule instanter, and affirm all such decrees sub silentio; but they had no doubt that such a rule, when properly promulged, might be judicious and necessary. The court remarked, in delivering the final decree, and remanding the-case to the chancellor,…

1Opinion of the Court

The court farther held',- that,, where- one person had a mortgage upon land, and another person- held a subsequent mortgage, if the second mortgagee stood by and saw the mortgagor induce the first mortgagee to release his mortgage and' take an' assignment of another security, which he supposed to be next to his ■ own, but which was in fact subsequent to the second mortgage, such subsequent security should be preferred to the second mortgage, — that the second mortgagee, having.signed the assignment as a witness, and having for a long time treated it as prior to his own claim, and thus led the…

2Cited by4 opinions

  1. American Savings Bank & Trust Co. v. HelgesenWashington Supreme Court · 1912
  2. Burlington Building & Loan Ass'n v. CummingsSupreme Court of Vermont · 1941
  3. Passumpsic Savings Bank v. First National BankSupreme Court of Vermont · 1880
  4. Bullard v. LeachSupreme Court of Vermont · 1854

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