Legal Opinion · Dissent

Gordon v. Deavitt

Supreme Court of Vermont

Decided November 25, 1910Published

Appeal in Chancery. Heard at the March Term, 1907, Washington County, on demurrer to the bill, Miles, Chancell- or Demurrer overruled, bill adjudged sufficient and taken as confessed, and decree for the orators. The defendants appealed. The bill alleges that the oratrix Hattie M. Gordon borrowed from the orator John W. Gordon the money wherewith to pay the bank’s decree, and assigned to him her interest therein.

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Appeal in Chancery. Heard at the March Term, 1907, Washington County, on demurrer to the bill, Miles, Chancell- or Demurrer overruled, bill adjudged sufficient and taken as confessed, and decree for the orators. The defendants appealed. The bill alleges that the oratrix Hattie M. Gordon borrowed from the orator John W. Gordon the money wherewith to pay the bank’s decree, and assigned to him her interest therein. The oratrix had the right to pay the bank’s decree and become thereby subrogated to its rights. Davis v. Davis, 81 Vt. 259; Martin v. Harrington, 73 Vt. 193; Wood v. Hubbard, 50 Vt.…

1DissentWatson, J.

I am unable to concur in the opinion and the decree in this case.

In the opinion of the majority, the case is considered and determined upon the basis that defendant Deavitt stands as the owner of a subsequent mortgage executed by Truman R. Gordon, alone, on so much of the premises covered by the mortgage from Truman R. Gordon and his wife, the oratrix Hattie M., to the Capital Savings Bank and Trust Company, as is outside of the homestead parcel. Whereas the facts stated in the first part of the majority opinion show, as do also the allegations in the bill, that before any proceedings were…

2Cases cited21 opinions

  1. In re Conditional Discharge of ConvictsSupreme Court of Vermont · 1901
  2. Charmley v. CharmleyWisconsin Supreme Court · 1905
  3. McClary v. BixbySupreme Court of Vermont · 1863
  4. Hall v. MorganSupreme Court of Missouri · 1883
  5. Davis v. AndrewsSupreme Court of Vermont · 1858

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