Howard v. Clark
Supreme Court of Vermont
Chancery. Decree of foreclosure rendered in accordance with the mandate of the Supreme Court, Chittenden County, March Term, 1899, Taft, Chancellor. For mandate see 71 Yt. 424. The sum to be paid on redemption was fixed at the amount due on the orator’s notes as found by the report of a special master. The defendant Henry O. Clark appealed.
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Chancery. Decree of foreclosure rendered in accordance with the mandate of the Supreme Court, Chittenden County, March Term, 1899, Taft, Chancellor. For mandate see 71 Yt. 424. The sum to be paid on redemption was fixed at the amount due on the orator’s notes as found by the report of a special master. The defendant Henry O. Clark appealed. Before the decree was rendered the above named Samuel Howard died, but the title of the case remaining unchanged on the court ■docket, he is herein designated as the orator.
1Opinion of the CourtWatson, J.
December 10, 1883, the defendant Jed P. ■Clark executed to the orator a primary mortgage of a farm in Milton, Yt., to secure the payment of $4,000. September 8, 1892, he executed a mortgage covering the same farm, to the defendant Henry O. Clark, to secure the payment of more than $13,500. March 21, 1893, the orator, with neither actual nor ■constructive knowledge of the mortgage to Henry O., was about to foreclose his mortgage, whereupon Jed P. fraudulently induced him to accept a conveyance of the farm, by quitclaim deed, as payment of his mortgage debt, and in discharge of his mortgage.
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2Cases cited18 opinions
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