Mussey v. Bates
Supreme Court of Vermont
Bill IN Chancery. Hoard on the pleadings, a special master’s report and exceptions thereto, March Term, 1887, Taet, Chancellor. The 1st and 2d exceptions overruled ; the •3d exception sustained; and decree for the orator in accordance with the prayer of the bill. It was further adjudged that there was due the defendants the sum of $21,496.73 ; and the orator was ordered to pay it on or before August 1, 1887, and on payment of it, the defendants were to convey to him.
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Bill IN Chancery. Hoard on the pleadings, a special master’s report and exceptions thereto, March Term, 1887, Taet, Chancellor. The 1st and 2d exceptions overruled ; the •3d exception sustained; and decree for the orator in accordance with the prayer of the bill. It was further adjudged that there was due the defendants the sum of $21,496.73 ; and the orator was ordered to pay it on or before August 1, 1887, and on payment of it, the defendants were to convey to him. The 1st exception related to the master’s refusal to receive parol evidence as to the construction of the stipulation; and the…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
The bill alleges that certain absolute deeds held by the defendants were given to secure them for. money advauced for the orator, and he prays to have the conveyances declared to be mortgages, and to be allowed to redeem. The defendants deny that the conveyances were given as security for money advanced, and affirm that the conveyances were absolute, and given to them as purchasers of the property described in the deeds. The answer was traversed, the case referred to a master, and, after one or two days’ hearing, the *274parties came to an…
2Cases cited1 opinion
- Flint v. JohnsonSupreme Court of Vermont · 1886