Mason v. Gray
Supreme Court of Vermont
Trespass to recover for ten tons of hay. Plea, the general issue. Trial by court, June Term, 1861, Peck, J., presiding. The facts in the case are fully stated in the opinion of the court. Judgment for the defendant, — exceptions by the plaintiff. The premises on which the hay in question grew, were conveyed to the plaintiff after the condition or law day in defendant’s mortgage had passed.
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Trespass to recover for ten tons of hay. Plea, the general issue. Trial by court, June Term, 1861, Peck, J., presiding. The facts in the case are fully stated in the opinion of the court. Judgment for the defendant, — exceptions by the plaintiff. The premises on which the hay in question grew, were conveyed to the plaintiff after the condition or law day in defendant’s mortgage had passed. The plaintiff’s title and rights are subject to every circumstance of defendant’s mortgage. The plaintiff stands exactly in the shoes of the mortgagor. Stead-man v. Gassett, 18 Vt. 346 ; Keeeh v. Hall,…
1Opinion of the CourtKellogg, J.
The principal question in this case is whether the possession of the tenant Kelley of the’premises mortgaged to the defendant is to be considered as being at law the possession of the plaintiff or of the defendant. Each party claims title to the premises under Lorenzo'S, Gates, — the plaintiff by a deed from said Gates to himself dated April 23d, 1859, and the defendant by a mortgage deed dated March 24th, 1859, and recorded on the day following its date, by which the premises were conveyed to him to secure the payment of certain notes which Gates had previously executed to him. The law day…
2Cases cited4 opinions
- Stedman v. GassettSupreme Court of Vermont · 1846
- Babcock v. KennedySupreme Court of Vermont · 1829
- Wilson v. HooperSupreme Court of Vermont · 1839
- Lyman v. MowerSupreme Court of Vermont · 1834
3Cited by7 opinions
- Vaillancourt v. Grand Trunk Railway Co.Supreme Court of Vermont · 1909
- Taplin v. MarcySupreme Court of Vermont · 1908
- In Re GalvinUnited States Bankruptcy Court, D. Vermont · 1990
- Hardwick Savings Bank & Trust Co. v. DrenanSupreme Court of Vermont · 1900
- Kelly v. Clement National BankSupreme Court of Vermont · 1940
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