Wright v. Bates
Supreme Court of Vermont
This was an appeal from a decree of the court of chancery, allowing the defendants to redeem certain lands. The orator, in his bill, set forth and charged, in substance, that, having occasion to borrow three hundred dollars, he applied to the defendant, Bates, who agreed to and did loan him that sum, and, to secure the said Bates therefor, the orator, on the second day of May, 1821, executed, in due form of law, a deed of warranty to said Bates of twenty-three acres of land,…
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This was an appeal from a decree of the court of chancery, allowing the defendants to redeem certain lands. The orator, in his bill, set forth and charged, in substance, that, having occasion to borrow three hundred dollars, he applied to the defendant, Bates, who agreed to and did loan him that sum, and, to secure the said Bates therefor, the orator, on the second day of May, 1821, executed, in due form of law, a deed of warranty to said Bates of twenty-three acres of land, situate in Pownal, (describing it by metes and bounds,) which deed was absolute in its terms, and the consideration…
1Opinion of the Court
The opinion of the court was delivered by
Bennett J.
This case comes before this court by an appeal from the court of chancery. The object of the orator is to be let in to redeem, and the first question presented for our consideration is, whether the deed from Wright to Bates is to be treated as a mortgage, between the immediate parties. It is well settled law, in this state, that a court of chancery will treat an absolute deed of real estate, given to secure the payment of a debt, as a mortgage, as between the immediate parties, especially if the grantor continues to remain in possession,…
2Cited by24 opinions
- Ivy v. HoodSupreme Court of Alabama · 1918
- Vangilder v. HoffmanWest Virginia Supreme Court · 1883
- Quinn v. ValiquetteSupreme Court of Vermont · 1908
- Pinney v. FellowsSupreme Court of Vermont · 1843
- Wagg v. HerbertSupreme Court of Oklahoma · 1907
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