Legal Opinion

Torrey v. Deavitt

Supreme Court of Vermont

Decided February 15, 1881PublishedCited by 9 opinions

At the December Term, 1879, before Barrett, Chancellor, this case came on for hearing, on the bill to foreclose the mortgage, answers and evidence; and it was decreed, pro forma, that the defendants redeem the orator’s mortgage claim, or be foreclosed. The facts sufficiently appear in the opinion of the court, except the following.

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At the December Term, 1879, before Barrett, Chancellor, this case came on for hearing, on the bill to foreclose the mortgage, answers and evidence; and it was decreed, pro forma, that the defendants redeem the orator’s mortgage claim, or be foreclosed. The facts sufficiently appear in the opinion of the court, except the following. The date of the mortgage, sought to be foreclosed, was, August 31st, 1866 ; and discharged on the records, Jan. 21st, 1871, (the same day that the mortgage to the Insurance Co. was given,) by the mortgagee. The defendant, Almira Cummings, purchased the mortgage of…

1Opinion of the Court

The opinion of the court was delivered by

Ross, J.

The statute prescribes the formalities with which a deed of real estate, to secure the payment of a loan of money, must *333be executed in order to be effective against subsequent purchasers and attaching creditors; among which is the record of the deed in the land records of the town where the real estate is situated. It also prescribes two methods by which such a deed may be discharged; first: “ by an entry on the margin of the record thereof, in the record of deeds, signed by the mortgagee, or his attorney, executor, administrator, or assignee,…

2Cases cited1 opinion

  1. Keyes v. Wood, Grant & Co.Supreme Court of Vermont · 1849

3Cited by9 opinions

  1. Daniels v. Elks Club of Hartford and the Human Rights CommissionSupreme Court of Vermont · 2012
  2. Citizens National Bank of Connellsville v. Harrison-Doddridge Coal & Coke Co.West Virginia Supreme Court · 1921
  3. Ladd v. CampbellSupreme Court of Vermont · 1884
  4. Newman v. Fidelity Savings & Loan Ass'nArizona Supreme Court · 1912
  5. In Re Vermont Fiberglass, Inc.United States Bankruptcy Court, D. Vermont · 1984

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