Carpenter v. Gleason
Supreme Court of Vermont
Bill in Chancery to foreclose a mortgage. Heard, on bill, answer, and testimony, March Term, 1855, Washington County, Powers, Chancellor. Decree for the orators. In January, 1875, one Washburn sold the premises to one Stevens and took a mortgage back. They were encumbered by a prior mortgage. May 30, 1875, Washburn transferred some of the second mortgage notes to the orators, and the rest to the defendant.
Read the full summary
Bill in Chancery to foreclose a mortgage. Heard, on bill, answer, and testimony, March Term, 1855, Washington County, Powers, Chancellor. Decree for the orators. In January, 1875, one Washburn sold the premises to one Stevens and took a mortgage back. They were encumbered by a prior mortgage. May 30, 1875, Washburn transferred some of the second mortgage notes to the orators, and the rest to the defendant. The orators afterwards purchased the first mortgage, and brought a bill to foreclose the same at the September Term of Washington County Court of Chancery. In January, 187G, said Stevens…
1Opinion of the Court
The opinion of the court was delivered by
Rowell, J.
The case for the foreclosure of the first mortgage not being reported, we do not know the ground on which it was put; we only know that the answer therein was not regarded as a defence to that case. But that decree does not estop the defendant from setting up the same subject-matter as a defence to this case, which is for an entirely different cause of action.
At the time the defendant purchased the equity of redemption, the orators owned a part of the notes secured by the mortgage sought to be foreclosed, and the defendant owned the rest of…
2Cited by7 opinions
- Houston v. Brush & CurtisSupreme Court of Vermont · 1894
- Island Pond National Bank v. LacroixSupreme Court of Vermont · 1932
- Howard v. ClarkSupreme Court of Vermont · 1899
- Belknap v. DennisonSupreme Court of Vermont · 1889
- Gleason v. CarpenterSupreme Court of Vermont · 1902
2 more not listed; retrieve them via the Exa API.