Downer v. Wilson
Supreme Court of Vermont
Biel in Chancery. The bill set forth in substance that the defendant, Jay Wilson, being indebted to the orator in a promissory note for fifty dollars, dated April 19th, 1858, on that day executed to the orator, for the purpose of securing such note, a mortgage deed of certain land, which Wilson had previously mortgaged to one Flinn, upon which last mentioned mortgage Flinn had in 1855 obtained a decree of foreclosure against Wilson and others, requiring the defendants in…
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Biel in Chancery. The bill set forth in substance that the defendant, Jay Wilson, being indebted to the orator in a promissory note for fifty dollars, dated April 19th, 1858, on that day executed to the orator, for the purpose of securing such note, a mortgage deed of certain land, which Wilson had previously mortgaged to one Flinn, upon which last mentioned mortgage Flinn had in 1855 obtained a decree of foreclosure against Wilson and others, requiring the defendants in such decree to pay Flinn a certain sum in ten annual installments, becoming due respectively on the 20th of April in each…
1Opinion of the CourtPoland, J.
The orator claims that by'virtue of the payment made by him of the installment of the decree to Flinn, he became in equity the assignee of that mortgage to that extent, and entitled to set it up as an incumbrance, having priority to all those defendants who had acquired- interests in the premises subsequent to the Flinn mortgage.
This claim is based wholly upon the ground that he had taken a subsequent mortgage of the premises from Wilson, the mortgagor, and was therefore entitled to redeem that mortgage, and that this payment he was compelled to make in order to protect and save his interest…
2Cited by6 opinions
- Birmingham v. LesanSupreme Judicial Court of Maine · 1885
- Waterman v. BuckSupreme Court of Vermont · 1885
- Wilder's v. WilderSupreme Court of Vermont · 1903
- Duplesse v. HaskellSupreme Court of Vermont · 1915
- Ruuth v. Morse Hardware Co.Washington Supreme Court · 1913
1 more not listed; retrieve them via the Exa API.