Manly v. Slason
Supreme Court of Vermont
[In Chancery.] Appeal from the Court of chancery. The orators, alleged in the bill, in substance, that the orator Manly became the owner of certain promissory notes, executed by Ashbel Humphrey, William Humphrey and the defendant Ormsbee, which were secured by a mortgage of certain real estate, executed by Ashbel Humphrey; that Ashbel Humphrey conveyed the mortgaged premises to Ormsbee, under an agreement, that Ormsbee should pay the mortgage notes and indemnify Ashbel…
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[In Chancery.] Appeal from the Court of chancery. The orators, alleged in the bill, in substance, that the orator Manly became the owner of certain promissory notes, executed by Ashbel Humphrey, William Humphrey and the defendant Ormsbee, which were secured by a mortgage of certain real estate, executed by Ashbel Humphrey; that Ashbel Humphrey conveyed the mortgaged premises to Ormsbee, under an agreement, that Ormsbee should pay the mortgage notes and indemnify Ashbel Humphrey fully for all damage and cost by reason of his having signed them; that Ormsbee conveyed the mortgaged premises to…
1Opinion of the Court
*275The opinion of the court was delivered by
Redfield, J.
The principal question discussed in the present case is, how far the vendor of real estate has a lien for the purchase money. It was said, in argument, indeed, that the bill, in this case, was not appropriate to any such redress. But all the facts, necessary to the creating such a right, being alleged in the bill, and the prayer of the bill being consistent with such relief, we do not think the fact, that redress was primarily sought upon another ground, any obstacle to the relief now asked. And as the only ground of relief, upon which the…
2Cases cited9 opinions
- Bayley v. GreenleafSupreme Court of the United States · 1822
- Fish v. HowlandNew York Court of Chancery · 1828
- Pinney v. FellowsSupreme Court of Vermont · 1843
- Watson v. WellsSupreme Court of Connecticut · 1825
- Galloway v. Hamilton's HeirsCourt of Appeals of Kentucky · 1833
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Ahrend v. OdiorneMassachusetts Supreme Judicial Court · 1875
- Selna v. SelnaCalifornia Supreme Court · 1899
- Shall v. BiscoeSupreme Court of Arkansas · 1856
- Dunton v. OuthouseMichigan Supreme Court · 1887
- Hammond v. PeytonSupreme Court of Minnesota · 1886
9 more not listed; retrieve them via the Exa API.