Barnes v. Beach
Supreme Court of Vermont
Ejectment for land in the town of Charlotte. Plea, the‘general issue, and trial by jury, — Bennett, J., presiding. On trial the plaintiff gave in evidence a mortgage deed to himself of the demanded premises, dated July 15, 1842, executed by the defendant Beach, and giyen to secure the payment of certain promissory notes therein described, and also a decree of foreclosure by the court of chancery, dated November 26, 1842, by which it was ordered that Beach pay to the…
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Ejectment for land in the town of Charlotte. Plea, the‘general issue, and trial by jury, — Bennett, J., presiding. On trial the plaintiff gave in evidence a mortgage deed to himself of the demanded premises, dated July 15, 1842, executed by the defendant Beach, and giyen to secure the payment of certain promissory notes therein described, and also a decree of foreclosure by the court of chancery, dated November 26, 1842, by which it was ordered that Beach pay to the plaintiff, who was then orator, the amount due upon the said mortgage notes, and also the amount due upon a prior mortgage of…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
It has been decided in this State, that, in a case like the present, the payment of the mortgage money on the decree of foreclosure, pending the action of ejectment, will defeat the right to recover even nominal damages and costs, and that the defendant will be entitled to recover his costs. Burton v. Austin, 4 Vt. 105. This case was viewed by the court below as coming within the same principle, after the decree of foreclosure had expired and the plaintiff had taken possession of the premises, they being of sufficient value to pay the…
2Cases cited3 opinions
- Babcock v. KennedySupreme Court of Vermont · 1829
- Burton v. AustinSupreme Court of Vermont · 1832
- Lyman v. MowerSupreme Court of Vermont · 1834