Davis v. Davis
Supreme Court of Vermont
Appeal in Chancery. Essex County, March Term, 1907, Taylor, Chancellor. Heard on the pleadings and findings of fact, made by a chancellor under No. 62, Acts 1906. Decree dismissing the bill with costs to the defendants. The oratrices appealed. The opinion states the case. The decree in the foreclosure case constitutes a cloud on the oratrix’s homestead and should have been set aside.
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Appeal in Chancery. Essex County, March Term, 1907, Taylor, Chancellor. Heard on the pleadings and findings of fact, made by a chancellor under No. 62, Acts 1906. Decree dismissing the bill with costs to the defendants. The oratrices appealed. The opinion states the case. The decree in the foreclosure case constitutes a cloud on the oratrix’s homestead and should have been set aside. Hall v. Lamb, 28 Yt. 85; 16 Cye. 526; Jones v. Davenport, 19 Atl. 22; Scott’s Appeal, 5 Atl. 671; Whitney v. Bank, 13 Pet. 6; Barnum v. McDaniels, 6 Yt. 177; James v. Fisk, 47 Am. Dec. m. There was no fault on…
1Opinion of the CourtMunson, J.
The oratrices are the wife and minor children of the defendant George W. Davis, and the bill is brought to secure a homestead right in certain premises which Joseph French, the father of the . oratrix' Addie, conveyed to the defendant George in 1886, by a deed conditioned to secure the grantor’s support. It is alleged and admitted that from the receipt of this conveyance until February, 1906, the property was kept by the defendant George as his homestead, and occupied as such by himself and his family, and that the oratrix Addie has ever since continued to live on the premises with her…
2Cases cited10 opinions
- Lewis v. . SmithNew York Court of Appeals · 1854
- Strobe v. DownerWisconsin Supreme Court · 1860
- Martin v. HarringtonSupreme Court of Vermont · 1901
- Whiteman v. FieldSupreme Court of Vermont · 1881
- Abbott v. SandersSupreme Court of Vermont · 1907
5 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- First Nat. Bank v. McIntoshSupreme Court of Alabama · 1918
- Norfolk & Dedham Fire Insurance v. Aetna Casualty & Surety Co.Supreme Court of Vermont · 1974
- Woodley v. WoodleySupreme Court of Alabama · 1917
- Gordon v. DeavittSupreme Court of Vermont · 1910
- Davis v. DavisSupreme Court of Vermont · 1909
5 more not listed; retrieve them via the Exa API.