Fuller v. Eddy
Supreme Court of Vermont
Trespass qua. elau. Plea, the general issue, and trial by the court, September Term, 1875, Redfield, J., presiding.' It appeared that the plaintiff purchased the premises in question on May 3,1869, and took a deed thereof, with condition that upon payment of the purchase money, the title should become absolute in him ; that on November 25, 1870, the defendant and his brother purchased the notes named in the condition of said deed; that afterwards the plaintiff and his wife…
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Trespass qua. elau. Plea, the general issue, and trial by the court, September Term, 1875, Redfield, J., presiding.' It appeared that the plaintiff purchased the premises in question on May 3,1869, and took a deed thereof, with condition that upon payment of the purchase money, the title should become absolute in him ; that on November 25, 1870, the defendant and his brother purchased the notes named in the condition of said deed; that afterwards the plaintiff and his wife conveyed the premises to defendant and his brother, and took a bond to the wife, that, on payment of certain notes, the…
1Opinion of the Court
The opinion of the court was delivered by
Royce, J.
The plaintiff claimed to recover upon the ground that the entry of the defendant upon the premises described in his declaration was unlawful. The defendant was mortgagee of the premises, and the plaintiff was in possession as mortgagor, or claiming under the mortgagor after condition broken. The right of the mortgagee to peaceably enter upon, and take possession of, the premises mortgaged, after condition broken, has long been recognized in this state. Wilson v. Hooper & Downer, 13 Vt. 653 ; Lynde v. Matthews, 19 Vt. 322. The court have found *13t…
2Cases cited2 opinions
- Lull v. MatthewsSupreme Court of Vermont · 1847
- Wilson v. HooperSupreme Court of Vermont · 1839
3Cited by7 opinions
- Crahan v. Town of ChittendenSupreme Court of Vermont · 1909
- Canney v. Merchants Bank (In re Canney)Court of Appeals for the Second Circuit · 2002
- Rassman v. American Fidelity CompanySupreme Court of Vermont · 1983
- Desany v. ThorpSupreme Court of Vermont · 1897
- Town of Bristol v. United States ex rel. Small Business AdministrationDistrict Court, D. Vermont · 1970
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