Wade v. Hennessy
Supreme Court of Vermont
Foreclosure of mortgage. Heard on bill, answer and master’s report, February Term, 1882, Orleans County. Redfield, Chancellor, decreed a foreclosure, fixing the time and amount of payments. The facts are stated in the opinion. Linsley was the agent of the R. R. Co. The case stands as though Hennessy had dealt with the company. A railroad company may take land by purchase for the construction of its road.
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Foreclosure of mortgage. Heard on bill, answer and master’s report, February Term, 1882, Orleans County. Redfield, Chancellor, decreed a foreclosure, fixing the time and amount of payments. The facts are stated in the opinion. Linsley was the agent of the R. R. Co. The case stands as though Hennessy had dealt with the company. A railroad company may take land by purchase for the construction of its road. R. L. s. 3356. And in such cases the rights of the company in the construction of their road are the same as though they had taken the land by compulsory process. Norton y. Vt. Cen. R. R.…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.,
This is a petition for. the foreclosure of a mortgage. It is defended by D. C. Linsley and the' Burlington & Lamoille Railroad Company. Subsequently to the execution of the mortgage, the defendant company located its road across the mortgaged premises, and constructed the same under a contract with Mr. Linsley by which he was to pay the land damages, construct and operate the road until the company paid him for so doing. In the execution of this contract, Mr. Linsley took from the mortgagor warrantee deeds, to himself, of that portion of the…
2Cited by5 opinions
- Liverman v. . R. R.Supreme Court of North Carolina · 1891
- Adams v. St. Johnsbury & Lake Champlain R. R.Supreme Court of Vermont · 1884
- Livermon v. Roanoke & Tar River RailroadSupreme Court of North Carolina · 1891
- Brooks & Berry v. HubbardSupreme Court of Vermont · 1901
- Baker v. Atchison, Topeka & Santa Fe RailroadSupreme Court of Missouri · 1894