Wright v. Whithead
Supreme Court of Vermont
This was an appeal from a decree of the court of chancery, dismissing the orator’s bill. The bill was brought to obtain a decree allowing the orator to redeem certain mortgaged premises, and for an account of the rents and profits.
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This was an appeal from a decree of the court of chancery, dismissing the orator’s bill. The bill was brought to obtain a decree allowing the orator to redeem certain mortgaged premises, and for an account of the rents and profits. From the bill, answers, and testimony, it appeared that Rufus Elmore was formerly the owner of the premises, and, on the 25th day of May, 1822, conveyed them to Arad Hunt, by a deed of mortgage; that, on the 24th day of March, 182G, Hunt conveyed the premises to one Pomeroy, by deed of warranty, and that the present defendants held the premises by deeds of warranty…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
The conclusion which we arrive at, in relation to the facts in evidence, renders it unnecessary that we should pass on all the principles of law which have been discussed. The object of the bill is to redeem the premises from a mortgage executed by one Rufus Elmore to to Arad Hunt.
From the facts found by the court, it is beyond controversy that Pomeroy, in purchasing the premises, intended to purchase an estate in fee; that Hunt intended to sell such an estate, and that Elmore consented that he should do so, and receive the proceeds of…
2Cited by1 opinion
- Hamilton v. GraySupreme Court of Vermont · 1894