Soule v. Albee
Supreme Court of Vermont
Petition to foreclose a mortgage. It appeared in evidence that on the 21st of September, 1850, the defendant, Cnrtis B. Albee, held a note for five hundred dollars against Albert G. Soule ; that on that day a suit was commenced against Albee in favor of Anson Buck, in which Albert G. Soule was summoned as trustee.
Read the full summary
Petition to foreclose a mortgage. It appeared in evidence that on the 21st of September, 1850, the defendant, Cnrtis B. Albee, held a note for five hundred dollars against Albert G. Soule ; that on that day a suit was commenced against Albee in favor of Anson Buck, in which Albert G. Soule was summoned as trustee. In the latter part of the year 1851, while this trustee suit was still pending, Albee, being desirous to collect his note of Albert G. Soule, procured the petitioners, who were partners under the firm of J. Soule & Sous, to make a verbal agreement with Albert G. Soule that if he…
1Opinion of the Court
Redfield, Ch. J.
I. It is claimed that Allen is improperly joined in this bill. He is merely in the chain of title, having purchased the premises of the mortgagor and conveyed them by deed of warranty. In this way he has an incidental interest in the question, but no such direct interest in the case as to make it necessary to join him, in order to render the decree final and conclusive upon the title. The interest of Allen is merely incidental, and is exclusively between him and the subsequent grantees. And it is certain there was no necessity of joining him. The notice to him would more…
2Cases cited1 opinion
- McDaniels v. ColvinSupreme Court of Vermont · 1844
3Cited by4 opinions
- Thompson v. FairbanksSupreme Court of Vermont · 1903
- Lamoille County Savings Bank & Trust Co. v. BeldenSupreme Court of Vermont · 1916
- Barton v. KingsburySupreme Court of Vermont · 1871
- Kinsley v. ScottSupreme Court of Vermont · 1886