Earle's Admr. v. Blanchard
Supreme Court of Vermont
Appeal in Chancery. This is a suit by Homer L. Skeels, as administrator of the estate of Harriet S. Earle. The orator alleges that a certain warranty deed from said Harriet S. Earle to James S. Brown, conveying said Harriet’s home farm, was in fact a mortgage, and prays for the right to redeem the premises. Heard on the pleadings, master’s report, and defendants’ exceptions thereto, at the December Term, 1910, Windsor County, Waterman, Chancellor.
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Appeal in Chancery. This is a suit by Homer L. Skeels, as administrator of the estate of Harriet S. Earle. The orator alleges that a certain warranty deed from said Harriet S. Earle to James S. Brown, conveying said Harriet’s home farm, was in fact a mortgage, and prays for the right to redeem the premises. Heard on the pleadings, master’s report, and defendants’ exceptions thereto, at the December Term, 1910, Windsor County, Waterman, Chancellor. Decree overruling the exceptions, adjudging said deed to be a mortgage, and giving the orator the right to redeem the premises by payment of a…
1Opinion of the CourtMunson, J.
It is the settled law of this State that a deed absolute upon its face may be shown by parol evidence to be a mortgage. Rob. Vt. Dig. 1855, pi. 33. It is equally well settled in this State that more than a mere preponderance of evidence is required to secute the reformation of a deed. Rob. Vt. Dig. 2363, pi. 12. The decree establishing the conveyance of the orator’s intestate as a mortgage rests upon a finding made on a fair balance of evidence; and the orator cites in support of the sufficiency of the finding the following cases: Campbell v. Worthington, 6 Vt. 448; Baxter v. Willey, 9 Vt.…
2Cases cited16 opinions
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- Russell v. SouthardSupreme Court of the United States · 1851
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- Cheney v. LibbySupreme Court of the United States · 1890
- Howland v. BlakeSupreme Court of the United States · 1878
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3Cited by14 opinions
- Holden Land & Live Stock Co. v. Inter-State Trading Co.Supreme Court of Kansas · 1912
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- Hitchcock v. KennisonSupreme Court of Vermont · 1921
- Aldrich v. LINCOLN LAND CORPORATIONSupreme Court of Vermont · 1972
- Trudeau v. LussierSupreme Court of Vermont · 1963
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