Hollister v. York
Supreme Court of Vermont
Bill to foreclose a mortgage. Heard on tlio pleadings and a special master’s report, Mareli Term, 188'5, 'Washington County, Powers, Chancellor. Decree pro forma, that the bill be dismissed. The facts are stated in the opinion. So long as the relation of mortgagor and mortgagee exists the statute does not commence to run. 2 Jones Mold. s. 12 ; Waldo y.
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Bill to foreclose a mortgage. Heard on tlio pleadings and a special master’s report, Mareli Term, 188'5, 'Washington County, Powers, Chancellor. Decree pro forma, that the bill be dismissed. The facts are stated in the opinion. So long as the relation of mortgagor and mortgagee exists the statute does not commence to run. 2 Jones Mold. s. 12 ; Waldo y. Pice, 14 Wis. 286 ; Green v. Turner, 38 Iowa, 11.2 ; Gratoford v. Taylor, 42 Iowa, 260. The payments made by Calvin affect Mahala and Edson the same as though made by them. 2 Jones Mort. ss. 1198, 1201; Pears v. Lainge, L. R. 12 Eq. 51; Martin…
1Opinion of the Court
The opinion of the court was delivered by
Royce, Ch. J.
The mortgage which the orator seeks to foreclose was executed July 30, 1854, by Ira Batchelder to Jeremiah Carleton, to secure the payment of three promissory notes payable to said Carleton. The orator purchased of said Carleton two of said notes for the sum of $300, September 25, 1863. There was then duo on said notes $340.40, but- the orator only asks to have the $300 and annual interest allowed. Some portion of the mortgaged premises Avas owned by, and had been in the possession of, the defendant Mallory and his grantees since .1865 ;…
2Cases cited1 opinion
- Martin v. BowkerSupreme Court of Vermont · 1847
3Cited by15 opinions
- Clute v. . CluteNew York Court of Appeals · 1910
- Fitzgerald v. FlanaganSupreme Court of Iowa · 1912
- Turner v. PowellMontana Supreme Court · 1929
- McLaughlin v. SenneNebraska Supreme Court · 1907
- Smith v. BushSupreme Court of Oklahoma · 1935
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