Rich v. Doane
Supreme Court of Vermont
Bill in Chancery. The bill’was brought to the June Term, 1861, and set forth that on the 25th of January, 1859, the defendants were the owners of three undivided fifths of a farm in Shoreham, of which the orator owned one-fifth, being the farm of Eeuben Doane, deceased, the father of the defendants ; that on that day the defendants, in consideration of $2200, sold and conveyed by deed to the orator their interest in such farm ; that on the same day the orator executed to the…
Read the full summary
Bill in Chancery. The bill’was brought to the June Term, 1861, and set forth that on the 25th of January, 1859, the defendants were the owners of three undivided fifths of a farm in Shoreham, of which the orator owned one-fifth, being the farm of Eeuben Doane, deceased, the father of the defendants ; that on that day the defendants, in consideration of $2200, sold and conveyed by deed to the orator their interest in such farm ; that on the same day the orator executed to the defendants a bond in the penal sum of four thousand dollars, conditioned that if the orator should, on the payment of…
1Opinion of the Court
Poland, Ch. J.
The single question to be determined in this case is, whether the conveyance from the defendants to the orator, and the orator’s bond for a re-conveyance, constitute a mortgage for. the security of a debt or loan, or an absolute conveyance, with a right of repurchase in the defendants.
Upon the face of the papers it is clearly the latter, and as the law allows, and upholds, conveyances of this character, this apparent character must be considered as the true and real one, unless the evidence establishes that it was in fact different.
It is perfectly well settled, however, that,…
2Cited by12 opinions
- McNamara v. CulverSupreme Court of Kansas · 1879
- Keithley v. WoodIllinois Supreme Court · 1894
- Winters v. SwiftIdaho Supreme Court · 1884
- Rockwell v. HumphreyWisconsin Supreme Court · 1883
- Sargent v. HamblinNew Mexico Supreme Court · 1953
7 more not listed; retrieve them via the Exa API.