Harvey v. Hurlburt
Supreme Court of Vermont
This was an action of ejectment in which the plaintiffs claimed title to the demanded premises by virtue of a mortgage deed executed to them by one Samuel D. Brainerd, dated June 20,1820, to secure them for signing a note to one Mattocks, as surety for Brainerd, for the sum of $54,63, payable on or before the • first day of November, 1820. The deed was conditioned to be void on the payment of the note by Brainerd.
Read the full summary
This was an action of ejectment in which the plaintiffs claimed title to the demanded premises by virtue of a mortgage deed executed to them by one Samuel D. Brainerd, dated June 20,1820, to secure them for signing a note to one Mattocks, as surety for Brainerd, for the sum of $54,63, payable on or before the • first day of November, 1820. The deed was conditioned to be void on the payment of the note by Brainerd. It appeared at the trial in the county court, that, subsequent to the date of the mortgage 1° the plaintiffs, one Meeker had levied an execution against Brainerd on an undivided…
1Per curiam
The last question which arises from the bill of exceptions, viz. whether the action was still pending against John Brittol, in whose favor two verdicts had been rendered before the last trial, has not been considered, as the Court are of opinion that the plaintiffs have failed to establish any title against either of the defendants.
The plaintiffs claim under a mortgage deed executed by one Samuel D. Brainerd, to indemnify them from a note which they executed to Samuel Mattocks, as surety for Brainerd, and which Harvey, one of the plaintiffs, had paid. It appears that Brainerd, after the…
2Cited by1 opinion
- First National Bank of Houston v. AckermanTexas Supreme Court · 1888