Legal Opinion

Lyman v. Lyman

Supreme Court of Vermont

Decided May 15, 1859PublishedCited by 12 opinions

Bill in Chancery to foreclose a mortgage. The facts in the case are sufficiently stated in the opinion of the court.

1Opinion of the Court

Redeield, Ch. J.

In this case the defendant, Lyman, gave a mortgage to the orator. He subsequently conveyed a portion of the premises to one Lewis Lyman, with full covenants, and subsequent to that gave the defendant Briggs a mortgage of the remaining portion of the estate mortgaged to the orator. These conveyances were all upon record, and each one before the execution of the one next following it. And subsequent to all these conveyances being on record, the orator released that portion of the estate conveyed to Lewis Lyman, and with actual knowledge that the defendant Briggs held a mortgage.

T…

2Cases cited5 opinions

  1. Stuyvesant v. HallNew York Court of Chancery · 1847
  2. Skeel v. SprakerNew York Court of Chancery · 1840
  3. Gill v. LyonNew York Court of Chancery · 1815
  4. Gates v. AdamsSupreme Court of Vermont · 1851
  5. Chittenden v. BarneySupreme Court of Vermont · 1826

3Cited by12 opinions

  1. Iglehart v. WessonIllinois Supreme Court · 1866
  2. Markham v. SmithSupreme Court of Connecticut · 1935
  3. Lamb v. MasonSupreme Court of Vermont · 1877
  4. First Nat. Bank of Rock Springs v. RoderCourt of Appeals for the Eighth Circuit · 1902
  5. Root v. CollinsSupreme Court of Vermont · 1861

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