Tabor v. Cilley
Supreme Court of Vermont
Heard at the September Term, 1879, upon bill, answer and the master’s report. Royce, Chancellor, decreed that the mortgage be reformed so as to embrace the sum of $2920.70, the amount of $2750, the sum due when the mortgage was given. The orator brought his bill to foreclose his mortgage and to have it reformed and enlarged. The facts found by the special master sufficiently appear in the opinion of the court.
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Heard at the September Term, 1879, upon bill, answer and the master’s report. Royce, Chancellor, decreed that the mortgage be reformed so as to embrace the sum of $2920.70, the amount of $2750, the sum due when the mortgage was given. The orator brought his bill to foreclose his mortgage and to have it reformed and enlarged. The facts found by the special master sufficiently appear in the opinion of the court. The orator is entitled to have his mortgage reformed. 1 Story’s Eq. s. 153. In cases of mistake in written instruments courts of equity will interfere to reform, not only as between the…
1Opinion of the Court
*489The opinion of the court was delivered by
Redfield, J.
The orator seeks by his bill to reform and enlarge the mortgage, so that it may include other than the notes expressly named in it.
The defendant Cilley, at the time the mortgage was executed, was indebted to the orator in the sum of $2750, specified in six promissory notes, five of which were for $500 each, and one for the sum of $250. The two first notes, only, are named in the mortgage, amounting to $1000. The mortgage contains an accruing clause in these words, viz.: “ And also for the payment to said Tabor, his heirs and assigns, of all…
2Cited by6 opinions
- May v. AdamsSupreme Court of Vermont · 1886
- Malott v. General MacHinery Co.Washington Supreme Court · 1943
- Lockwood v. WhiteSupreme Court of Vermont · 1893
- Varnum v. Town of HighgateSupreme Court of Vermont · 1892
- Chilstrom v. EnwallSupreme Court of Minnesota · 1926
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