Mallory v. Thomas

The opinion Of the court was delivered by

Mason, J.:

John O’Brien mortgaged a tract of land to the Vermont Savings and Investment Company. He died, and his widow was appointed administratrix. The mortgagee, instead of foreclosing the mortgage by suit in the district court, elected to present the mortgage debt as a claim against the estate and have the land sold for its payment by order of the probate court. Proceedings were taken in accordance with this plan, as a result of which a sale was had, and an administratrix’s deed was made to Mrs. F. G. Thomas. Afterward D. F. Mallory obtained…