Legal Opinion

Sargent v. Baldwin

Supreme Court of Vermont

Decided October 15, 1887PublishedCited by 15 opinions

Petition to foreclose a mortgage. Heard on petition, answer and amended answer, traverse to the answers, and the report of a master and exceptions thereto, at the December Term, Windsor County, 1886, Rowell, Chancellor. Exceptions overruled; report of master accepted and confirmed; petition dismissed; exceptions by petitioners. The condition in the mortgage is set out in the opinion.

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Petition to foreclose a mortgage. Heard on petition, answer and amended answer, traverse to the answers, and the report of a master and exceptions thereto, at the December Term, Windsor County, 1886, Rowell, Chancellor. Exceptions overruled; report of master accepted and confirmed; petition dismissed; exceptions by petitioners. The condition in the mortgage is set out in the opinion. One part of the written agreement of February 17, 1879, signed by Thomas Williams and A. F. Baldwin, was in effect, that, as Maria A. Sargent, daughter of said Williams, had deceased, the payment of one thousand…

1Opinion of the Court

The opinion of the court was delivered by

Tyler, J.

The material facts in this case as reported by the master are as follows: On the 9th day of April, 1877, *21Thomas Williams and bis wife executed and delivered to the defendant Baldwin a deed of certain real estate situated in Chester, and on the same day Baldwin executed and delivered to Williams a mortgage deed of the same lands, conditioned, first, for the support of said Williams and wife during their lives and for the payment to them of a small sum yearly, and then as follows :

“And after the decease of said Thomas Williams and Betsey…

2Cases cited8 opinions

  1. Martin v. . FunkNew York Court of Appeals · 1878
  2. Sewall v. RobertsMassachusetts Supreme Judicial Court · 1874
  3. Viney v. AbbottMassachusetts Supreme Judicial Court · 1872
  4. Keyes v. Wood, Grant & Co.Supreme Court of Vermont · 1849
  5. Miller v. Rutland & Washington RailroadSupreme Court of Vermont · 1867

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3Cited by15 opinions

  1. Alliance Milling Co. v. Eaton, Guinan & Co.Texas Supreme Court · 1894
  2. Conn. River Savings Bank v. AlbeeSupreme Court of Vermont · 1892
  3. Modern Woodmen of America v. HeadleSupreme Court of Vermont · 1914
  4. O'brien, Admr. v. HoldenSupreme Court of Vermont · 1932
  5. Jones v. LuplowOhio Court of Appeals · 1920

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