Legal Opinion

Mellish v. Robertson

Supreme Court of Vermont

Decided September 15, 1853PublishedCited by 8 opinions

Appeal from the Court of Chancery. The orator brought this bill to redeem certain premises in the village of Bellows Falls.

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Appeal from the Court of Chancery. The orator brought this bill to redeem certain premises in the village of Bellows Falls. And the orator alleges in his bill, that one Stephen J. Mellish, being indebted, on the third day of August, 1839, to the defendant in the sum of $1465, for the purpose of securing the payment of the said sum, conveyed by his deed of warranty of that date, to the defendant, certain premises in the village of Bellows Falls, (the premises being fully described in the bill,) and that the premises were subject to a lease of part of the same, to one John W. Moore, and a lease…

1Opinion of the Court

*608The opinion of the court was delivered by

Redfield, Ch. J.

This is a bill to redeem certain premises in the village of Bellows Falls. The only question of importance in the case, is whether the contract of the third of August, 1839, was what it purports on its face and in its terms to be, a sale of Stephen J. Mellish’s interest in the land, in payment of his previous debt, and money then paid to him by Robertson, with the right of repurchase, in three years, or whether there was still secured to Mellish, a redeemable interest in the premises beyond that.

The testimony of Campbell shows very…

2Cases cited1 opinion

  1. Conner v. ChaseSupreme Court of Vermont · 1843

3Cited by8 opinions

  1. Upton v. TribilcockSupreme Court of the United States · 1875
  2. Burk v. JohnsonCourt of Appeals for the Eighth Circuit · 1906
  3. Bailey v. American Cent. Ins.United States Circuit Court · 1882
  4. Elling v. FineMontana Supreme Court · 1917
  5. Freeman v. CurtisSupreme Judicial Court of Maine · 1862

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