Morgan v. Morgan
Supreme Court of Vermont
Appeal in Chancery. Heard on the pleadings, finding of facts made by the chancellor, and motion to set aside the same, at the June Term, 1908, Bennington County, Miles, Chancellor. Motion overruled and decree for the orator to the effect that the deed in question is void, but constitutes a cloud on the orator’s title which is decreed removed, and the defendant perpetually enjoined from making any claim under the deed. The defendant appealed.
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Appeal in Chancery. Heard on the pleadings, finding of facts made by the chancellor, and motion to set aside the same, at the June Term, 1908, Bennington County, Miles, Chancellor. Motion overruled and decree for the orator to the effect that the deed in question is void, but constitutes a cloud on the orator’s title which is decreed removed, and the defendant perpetually enjoined from making any claim under the deed. The defendant appealed. The facts in this case are such as give equity jurisdiction to cancel the deed in question as a cloud on orator’s title. Hamilton v. Cummings, 1 Johns.…
1Opinion of the CourtMunson, J.
On the nineteenth day of October, 1900, the orator executed to his sister Harriet a deed of real estate in Bennington, and three days later he handed it to the town clerk with instructions to file it but delay the recording. This was the only instruction given the town clerk by the orator. Sometime after this the grantee directed the town clerk to record the deed, and he thereupon recorded it and delivered it to the grantee. The orator afterwards called for the deed, and then learned what had been done regarding it. The chancellor does not say in terms that Harriet acted without the orator’s…
2Cases cited3 opinions
- Walsh's Adm'x v. Vermont Mutual Fire InsuranceSupreme Court of Vermont · 1882
- Fair Haven Marble & Marbleized Slate Co. v. OwensSupreme Court of Vermont · 1896
- Blair v. Ritchie & WardenSupreme Court of Vermont · 1900
3Cited by10 opinions
- White River Chair Co. v. Connecticut River Power Co.Supreme Court of Vermont · 1932
- Town of Bennington v. Fillmore & SladeSupreme Court of Vermont · 1925
- Houghton v. GrimesSupreme Court of Vermont · 1926
- Utley v. School District of WoodburySupreme Court of Vermont · 1939
- Peck v. City Trust CompanySupreme Court of Vermont · 1931
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