Lockwood v. White
Supreme Court of Vermont
This was a bill to reform and foreclose a mortgage brought by the oratrix against Elmer V. White and John L. Johnson. Johnson disclaimed and White answered claiming to be the owner of the premises which it was sought to include in the mortgage.
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This was a bill to reform and foreclose a mortgage brought by the oratrix against Elmer V. White and John L. Johnson. Johnson disclaimed and White answered claiming to be the owner of the premises which it was sought to include in the mortgage. Heard upon a master’s report at the December term, 1892. Tyler, chancellor, decreed, -pro forma, that the mortgage be reformed in accordance with the prayer of the bill, that the defendant White be enjoined from the prosecution of the suit for a partition of the premises which he had begun, and that he be foreclosed from all equity of redemption in the…
1Opinion of the Court
The opinion of the court was delivered by
START, J.
The oratrix and defendant Johnson, on the 5th day of February, 1877, made an agreement by which she was to loan him seven hundred dollars and take as security therefor a mortgage of all his real estate. They applied to the town clerk of Chester to draw the mortgage and understood that it covered all the real estate then owned by Johnson, but by mistake the town clerk omitted from the description thereof one undivided half of a store. The mistake was not discovered until 1884. On-the 23d day of December, 1878, Johnson’s assignee in insolvency…
2Cases cited8 opinions
- Bank of Bellows Falls v. Rutland & Burlington RailroadSupreme Court of Vermont · 1856
- Blodgett v. HobartSupreme Court of Vermont · 1846
- May v. AdamsSupreme Court of Vermont · 1886
- King v. White & HammondSupreme Court of Vermont · 1890
- Tabor v. CilleySupreme Court of Vermont · 1881
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3Cited by5 opinions
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