Morgan v. Walbridge
Supreme Court of Vermont
[In Chancery.] Bill in chancery to redeem certain mortgaged premises in the possession of the mortgagee. Heard on bill, answer and the report of a special master, March Term, 1883, Essex County. Ross, Chancellor, decreed that the orator could redeem by paying $329.81. The chancellor stated that in his judgment this case was-exception to the general rule that a mortgagee in possession could not improve the mortgagor out of his estate.
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[In Chancery.] Bill in chancery to redeem certain mortgaged premises in the possession of the mortgagee. Heard on bill, answer and the report of a special master, March Term, 1883, Essex County. Ross, Chancellor, decreed that the orator could redeem by paying $329.81. The chancellor stated that in his judgment this case was-exception to the general rule that a mortgagee in possession could not improve the mortgagor out of his estate. The master found, that the balance due from the orator on the bank notes, money paid to Ingalls, etc., was $229.81; that the use of the premises while occupied…
1Opinion of the Court
The opinion of the court was delivered by
Powers, J.
This is a bill to redeem certain mortgaged premises now in the possession of the defendant Walbridge as mortgagee, and encumbered by a mortgage executed by Walbridge to defendant Chase.
The right of redemption as against Walbridge is conceded; and the master reports that Chase took his mortgage with notice of the orator’s equity, and thus the right of redemption exists in favor of the orator against him. The question in hand is, what shall the orator pay as the price of redemption ?
Hill & Walbridge were sureties for the orator bn sundry notes…
2Cases cited4 opinions
- Benedict v. Gilman & CouchNew York Court of Chancery · 1833
- Mickles v. . Dillaye and OthersNew York Court of Appeals · 1858
- Moore v. CableNew York Court of Chancery · 1815
- Sanders v. WilsonSupreme Court of Vermont · 1861
3Cited by3 opinions
- Beach v. OsborneSupreme Court of Connecticut · 1902
- Bradley v. MerrillSupreme Judicial Court of Maine · 1896
- Howard v. ClarkSupreme Court of Vermont · 1900