Legal Opinion

Wheeler v. Willard

Supreme Court of Vermont

Decided August 15, 1871PublishedCited by 10 opinions

Bill in ChanoeRY. The bill charged that Andrew J. Willard pretended to be seized and possessed of, or otherwise well entitled unto a certain parcel of land, and the appurtenances thereto adjoining or belonging, situated in St. Johnsbury aforesaid, and described as follows, viz : -It being the same land mortgaged to Ebenezer Woods by Jonathan Lawrence and Julia Lawrence on the 5th day of January, 1857, and also described in a mortgage executed by said Lawrence to said Woods…

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Bill in ChanoeRY. The bill charged that Andrew J. Willard pretended to be seized and possessed of, or otherwise well entitled unto a certain parcel of land, and the appurtenances thereto adjoining or belonging, situated in St. Johnsbury aforesaid, and described as follows, viz : -It being the same land mortgaged to Ebenezer Woods by Jonathan Lawrence and Julia Lawrence on the 5th day of January, 1857, and also described in a mortgage executed by said Lawrence to said Woods on the 4th day of April, 1856, it also being the same land described in an action in ejectment now pending in Caledonia…

1Opinion of the Court

The opinion of the court was delivered by

• Redfibld, J.

This case shows that the orator levied his execution upon and set off a fractional portion of the equity of redemption of Jonathan Lawrence, in certain premises in St. ■Johnsburv, on the 21st day of July, 1859; that such premises were at that time subject to mortgages to Ebenezer Woods and Lambert Hastings ; that said Lawrence conveyed, in trust for the benefit of his creditors, the same premises to Barron Moulton, on the 31st December, 1866 ; and said Moulton conveyed the same premises to John B. Woods, November 2d, 1857..Ebenezer Woods…

2Cited by10 opinions

  1. Gordon v. DeavittSupreme Court of Vermont · 1912
  2. Ward v. SeymourSupreme Court of Vermont · 1878
  3. Gleason v. CarpenterSupreme Court of Vermont · 1902
  4. First Vermont Bank & Trust Co. v. KalomirisSupreme Court of Vermont · 1980
  5. Gay's Estate v. HassomSupreme Court of Vermont · 1892

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