Burton v. Landon
Supreme Court of Vermont
This is a cross-bill filed in the suit E. H. Landon v. O. A. Burton, to specifically enforce a contract for the settlement of that suit. Heard at the August term, Grand Isle county, 1892, upon bill, answer and proofs. Start, chancellor, dismissed the cross-bill. The orator in that bill appeals. A cross-bill will lie to enforce a settlement of the suit in which it is filed. 2 Dan. Ch. Pr. (Perkins Ed.), 1649 and cases cited; Sto. Eq. PI.
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This is a cross-bill filed in the suit E. H. Landon v. O. A. Burton, to specifically enforce a contract for the settlement of that suit. Heard at the August term, Grand Isle county, 1892, upon bill, answer and proofs. Start, chancellor, dismissed the cross-bill. The orator in that bill appeals. A cross-bill will lie to enforce a settlement of the suit in which it is filed. 2 Dan. Ch. Pr. (Perkins Ed.), 1649 and cases cited; Sto. Eq. PI. (8th Ed.), s. 393; Rutland v. Page et al., 24 Vt. 181 ; 2 Dan. Ch. Pr., 1656-1678. Time is not of the essence of this contract. 1 Sto. Eq. Jur., s. 776; Fry,…
1Opinion of the CourtRowell, J.
This is a cross-bill for the specific performance of that part of a contract between the parties that provides for the dismissal of the original bill. Counsel agreed, and the court consented, to hear this matter before proceeding further with the main case.
*364Landon mortgaged his farm to Burton. Burton turned out the notes and assigned the mortgage to Noyes as collateral security. Noyes proceeded to foreclose, and at the same time sued Landon to recover the claimed difference between the value of the farm and the amount of the mortgage debt. Noyes obtained a decree of foreclosure, which became…
2Cases cited1 opinion
- Wood v. HumphreyMassachusetts Supreme Judicial Court · 1873
3Cited by4 opinions
- Boston & Maine Railroad v. Union Mutual Fire InsuranceSupreme Court of Vermont · 1910
- Boston & Maine Railroad v. Union Mutual Fire InsuranceSupreme Court of Vermont · 1917
- Cooley v. HatchSupreme Court of Vermont · 1924
- Benner v. LuntSupreme Judicial Court of Maine · 1927