Marshall v. Wood
Supreme Court of Vermont
This action was brought against Wood, Seymour and others, who occupied a certain building situated on land to which the plaintiff claimed title by virtue of two several mortgage deeds, executed and delivered by one James W. Stephens, the former owner. — One of them to a man named Grimshaw, dated the 14th day of December, 1825, and assigned to the plaintiff the 5th day of October, 1827 — the other to a man named Boisgerard, dated the 18th day of February, 1S26, and assigned…
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This action was brought against Wood, Seymour and others, who occupied a certain building situated on land to which the plaintiff claimed title by virtue of two several mortgage deeds, executed and delivered by one James W. Stephens, the former owner. — One of them to a man named Grimshaw, dated the 14th day of December, 1825, and assigned to the plaintiff the 5th day of October, 1827 — the other to a man named Boisgerard, dated the 18th day of February, 1S26, and assigned to the plaintiff the 25th'day September, 1827. It appeared, that after the execution of said' mortgage. deeds, and while…
1Opinion of the Court
The opinion of the Court was delivered by
Baylies, J.
The defendant’s counsel requested the Court to decide; 1st. That under the above circumstances, it was incumbent on the plaintiff to produce the obligations secured by the mortgage, or they would be presumed paid, or cancelled, and taken up ; or at least, it was necessary to explain why they were not produced.
When the equity of redemption is foreclosed by a decree of a Court of Chancery, oris released by the mortgagor, or by his assignee, to the mortgagee, or to his assignee, the title, which was conditional, becomes absolute; and it cannot…
2Cases cited1 opinion
- Myers v. BrownellSupreme Court of Vermont · 1824
3Cited by7 opinions
- First National Bank of Houston v. AckermanTexas Supreme Court · 1888
- Island Pond National Bank v. LacroixSupreme Court of Vermont · 1932
- Trustees of Caledonia County Grammar School v. HowardSupreme Court of Vermont · 1910
- Walker, Smith & Co. v. BaxterSupreme Court of Vermont · 1854
- Converse v. SymmesMassachusetts Supreme Judicial Court · 1813
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