Davenport v. Davenport
Supreme Court of Vermont
Appeal in Chancery. Heard on pleadings, master’s report and exceptions thereto, at the April Term, 1907,Windham County, Taylor, Chancellor. Decree for the petitioner. Defendants appealed.
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Appeal in Chancery. Heard on pleadings, master’s report and exceptions thereto, at the April Term, 1907,Windham County, Taylor, Chancellor. Decree for the petitioner. Defendants appealed. On June 1, 1900, defendant Charles H. rDavenport and his • wife, who has since deceased, executed to the Brattleboro Savings Bank, a mortgage deed of a house and lot in the village of Brattleboro, conditioned for the payment of $3,000, specified in two promissory notes, each payable to said bank on demand with interest semi-annually, one note for $2,400, signed by Charles H. Davenport, and the other for…
1Opinion of the CourtWatson, J.
The petitioner, a second mortgagee by virtue of a warranty deed in form but in fact a mortgage as between the parties, purchased the first mortgage, the same being duly assigned to him by an instrument signed, sealed, witnessed, acknowledged, and recorded. It is this mortgage which he here seeks to foreclose. At the time of the purchase, there were two contracts of prior dates in force between the petitioner and the defendant, touching matters of the holding of the real estate under the second mortgage, and collaterals held by the former as security for signing notes as surety for the latter,…
2Cases cited3 opinions
- Clark v. ReyburnSupreme Court of the United States · 1869
- Perine v. DunnNew York Court of Chancery · 1819
- Smith v. BaileySupreme Court of Vermont · 1838
3Cited by5 opinions
- Lamoille County Savings Bank & Trust Co. v. BeldenSupreme Court of Vermont · 1916
- Merrill v. University of VermontSupreme Court of Vermont · 1974
- Bixby v. RoscoeSupreme Court of Vermont · 1911
- State v. LegendreSupreme Court of Vermont · 1915
- W. B. Johnson & Co. v. Central Vermont Railway Co.Supreme Court of Vermont · 1911