Gordon v. Deavitt
Supreme Court of Vermont
Appeal in Chancery. Heard at the March Term, 1907, Washington County, on demurrer to the bill, Miles, Chancell- or Demurrer overruled, bill adjudged sufficient and taken as confessed, and decree for the orators. The defendants appealed. The bill alleges that the oratrix Hattie M. Gordon borrowed from the orator John W. Gordon the money wherewith to pay the bank’s decree, and assigned to him her interest therein.
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Appeal in Chancery. Heard at the March Term, 1907, Washington County, on demurrer to the bill, Miles, Chancell- or Demurrer overruled, bill adjudged sufficient and taken as confessed, and decree for the orators. The defendants appealed. The bill alleges that the oratrix Hattie M. Gordon borrowed from the orator John W. Gordon the money wherewith to pay the bank’s decree, and assigned to him her interest therein. The oratrix had the right to pay the bank’s decree and become thereby subrogated to its rights. Davis v. Davis, 81 Vt. 259; Martin v. Harrington, 73 Vt. 193; Wood v. Hubbard, 50 Vt.…
1Opinion of the CourtMunson, J.
T. R. Gordon and his wife, the oratrix Hattie, executed to the Capital Savings Bank and Trust Company, to secure notes of the said T. R., a mortgage of certain premises owned by the said T. R., and occupied as a homestead. T. R. Gordon afterwards gave three other mortgages of the premises to different parties, signed only by himself, in the first two of which the homestead was excepted. The defendant Deavitt became the assignee of the first of these three mortgages, and brought a foreclosure suit thereon, making T. R. Gordon and the holders of the two later mortgages parties defendant, and…
2Cases cited18 opinions
- McArthur v. MartinSupreme Court of Minnesota · 1876
- Charmley v. CharmleyWisconsin Supreme Court · 1905
- Gore v. . TownsendSupreme Court of North Carolina · 1890
- Wilson v. . PattonSupreme Court of North Carolina · 1882
- Martin v. HarringtonSupreme Court of Vermont · 1901
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3Cited by5 opinions
- Gordon v. DeavittSupreme Court of Vermont · 1912
- Nationwide Mutual Fire Insurance v. GamelinSupreme Court of Vermont · 2001
- Hunt v. DavisSupreme Court of Vermont · 1916
- Sabato v. Fed. Nat'l Mortg. Ass'nSupreme Court of New Hampshire · 2019
- Wayne Sabato v. Federal National Mortgage AssociationSupreme Court of New Hampshire · 2019