McDaniels v. President of the Bank of Rutland
Supreme Court of Vermont
Appeal prom the Court op Chancery. The orator’s bill prayed for a foreclosure of the right of the defendants in equity to redeem the premises described in a mortgage deed, dated January 10th, 1828, executed by Timothy Reed to Alexander Barrett to secure the* payment of five promissory notes of that date for three hundred dollars each, which with the mortgage were sold and assigned to the orator by Barrett on the 7th of March, 1828. The mortgagor, Reed, quit-claimed the…
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Appeal prom the Court op Chancery. The orator’s bill prayed for a foreclosure of the right of the defendants in equity to redeem the premises described in a mortgage deed, dated January 10th, 1828, executed by Timothy Reed to Alexander Barrett to secure the* payment of five promissory notes of that date for three hundred dollars each, which with the mortgage were sold and assigned to the orator by Barrett on the 7th of March, 1828. The mortgagor, Reed, quit-claimed the mortgaged premises in January, 1842, to Seneca Smith, Nathan J. Smith, John H. Vail, Isaac J. Vail, George 0. Vail, Aaron R.…
1Opinion of the Court
The opinion of the court was delivered, at the circuit session in June, by
Isham, J.
The question in this case arises, whether the mortgage deed upon which this bill of foreclosure is brought, has in fact been discharged by payment of the debt to the plaintiff. If it has been discharged in that manner, the bill was properly dis*234missed by the chancellor; otherwise the plaintiff is entitled to a decree of foreclosure. In the case of McDaniels v. Lapham, 21 Vt. 222, it was held, that at law this mortgage debt had been paid, and that the plaintiff had no lien on the mortgaged premises which would…
2Cases cited6 opinions
- Hunt v. RhodesSupreme Court of the United States · 1828
- Bank of the United States v. DANIELSupreme Court of the United States · 1838
- Sands v. CodwiseCourt for the Trial of Impeachments and Correction of Errors · 1808
- McDaniels v. LaphamSupreme Court of Vermont · 1849
- McGlynn v. BillingsSupreme Court of Vermont · 1844
1 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Crompton v. BeedleSupreme Court of Vermont · 1910
- Canton Union Coal Co. v. Parlin & Orendorff Co.Illinois Supreme Court · 1905
- Whittaker Chain Tread Co. v. Standard Auto Supply Co.Massachusetts Supreme Judicial Court · 1913
- Preston v. GrantSupreme Court of Vermont · 1861
- Pollman & Bros. Coal & Sprinkling Co. v. City of St. LouisSupreme Court of Missouri · 1898
37 more not listed; retrieve them via the Exa API.