Lyman v. Mower
Supreme Court of Vermont
This was an action of ejectment, brought by the plaintiff to recover the premises which were mortgaged to him, against the defendants, who were in possession and claimed them as assignees of the mortgagor. A judgment by default was rendered for the plaintiff, November term, 1833, and the question of damages referred to the decision of the court. A motion to redeem was made by the defendants.
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This was an action of ejectment, brought by the plaintiff to recover the premises which were mortgaged to him, against the defendants, who were in possession and claimed them as assignees of the mortgagor. A judgment by default was rendered for the plaintiff, November term, 1833, and the question of damages referred to the decision of the court. A motion to redeem was made by the defendants. The defendants offered evidence tending to prove that the premises were worth four or five hundred dollars more than the sum due on the mortgage. The plaintiff offered evidence tending to show the…
1Opinion of the Court
The opinion of the court was pronounced by
Mattocks, J.
— The only question that properly arises in the case is, whether the plaintiff, who was the mortgagee of the premises sued for, is entitled to recover rents and profits against the defendants, who are the assignees of the mortgagor, from the time the plaintiff shews notice to the defendants to quit, and without such proof, from the' time of the service of the writ; and this question having been, by three successive decisions of the supreme eourt, determined in the affirmative, it is now a concluded, rather than an open question.
*348in Stanbury…
2Cited by5 opinions
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- Hastings v. PerrySupreme Court of Vermont · 1848
- Pierce v. BrownSupreme Court of Vermont · 1852
- Mason v. GraySupreme Court of Vermont · 1863
- Barnes v. BeachSupreme Court of Vermont · 1846