French v. Winsor
Supreme Court of Vermont
[In Chancery.] Appeal from the court of chancery. The orators alledged in the hill, in substance, that one Josiah French, deceased in January, 1825, purchased land in Clarendon, of James Winsor, for $3268,00 and secured the same by mortgage on the same land, payable with interest, and interest from the first day of April after date.
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[In Chancery.] Appeal from the court of chancery. The orators alledged in the hill, in substance, that one Josiah French, deceased in January, 1825, purchased land in Clarendon, of James Winsor, for $3268,00 and secured the same by mortgage on the same land, payable with interest, and interest from the first day of April after date. That on the 23d day of January, 1825, said French paid three notes first due, amounting to $1000, and $190,92 indorsed on the fourth note, and James Winsor deposited the remaining notes in the Smithfield Bank, in Rhode Island, for safe keeping.That Reynolds S.…
1Opinion of the Court
The opinion of the court was delivered by
Redeield, J.
The facts alledged in this bill, no doubt make, upon the whole, a considerable impression upon the mind, that the orator has really not done any thing worthy of severe reprobation. But in saying that, we should be mindful of the maxim audi alter-am pastera, or that one story is good, until another is told.
But in examining the case in detail, with a view to apply to it the exact rules of chancery law, it is not perhaps easy to say precisely how it is to be determined in the court of chancery, until the proceedings at law are closed, and it…
2Cases cited1 opinion
- Rix v. Heirs of SmithSupreme Court of Vermont · 1836
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