Paine v. McDowell
Supreme Court of Vermont
Chancery. Heard upon pleadings, master’s report, and exceptions thereto, at the February term, 1898, Orleans county, before Ross, Chancellor, who sustained the exception to the testimony of McDowell on the subject of payments, and disallowed such payments, and rendered a decree of foreclosure against McDowell for the amount due, and against Tucker, also, but allowing him, under his cross-bill, to remove certain of the property, not including the buildings, boiler, engines…
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Chancery. Heard upon pleadings, master’s report, and exceptions thereto, at the February term, 1898, Orleans county, before Ross, Chancellor, who sustained the exception to the testimony of McDowell on the subject of payments, and disallowed such payments, and rendered a decree of foreclosure against McDowell for the amount due, and against Tucker, also, but allowing him, under his cross-bill, to remove certain of the property, not including the buildings, boiler, engines and main shaftings. The defendant Tucker appealed.
1Opinion of the CourtRowell, J.
This is a petition to foreclose the equity of redemption arising under a contract of purchase of a farm consisting of a lot of land in Eden and a lot in Lowell.
The master finds that on August 13, 1878, the intestate owned the lot in Lowell by virtue of a warranty deed thereof from Willard Fuller to Samuel McDowell, dated January 10, 1878, duly executed and recorded, and of a quitclaim deed thereof from the said Samuel to him, dated the 13th of said August, duly executed and recorded. It appears that the defendant Leonard McDowell lived on said farm before and at those times, and has lived…
2Cases cited13 opinions
- Binkley v. ForknerIndiana Supreme Court · 1889
- Hunt v. Bay State Iron Co.Massachusetts Supreme Judicial Court · 1867
- Merchants' National Bank of Crookston v. StantonSupreme Court of Minnesota · 1893
- Linsley v. LovelySupreme Court of Vermont · 1853
- McFadden v. . AllenNew York Court of Appeals · 1892
8 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Comstock's Admr. v. JacobsSupreme Court of Vermont · 1915
- Comstock's v. JacobsSupreme Court of Vermont · 1911
- Mallory v. AgeeSupreme Court of Alabama · 1932
- Dee v. KingSupreme Court of Vermont · 1905
- Server v. LangSupreme Court of Vermont · 1918
11 more not listed; retrieve them via the Exa API.