Dunshee v. Parmelee
Supreme Court of Vermont
Appeal from the court of chancery. This was a bill of foreclosure, in which the orator alleged, that on the fifteenth day of June, 1835, the intestate, Edward Dunshee, executed to him a promissory note for five hundred dollars, which was secured by a mortgage of certain premises; that payments were made upon this note from time to time, and subsequently a new note, dated June 15, 1838, was given for the balance remaining due upon the first note, being $393,00; and that it…
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Appeal from the court of chancery. This was a bill of foreclosure, in which the orator alleged, that on the fifteenth day of June, 1835, the intestate, Edward Dunshee, executed to him a promissory note for five hundred dollars, which was secured by a mortgage of certain premises; that payments were made upon this note from time to time, and subsequently a new note, dated June 15, 1838, was given for the balance remaining due upon the first note, being $393,00; and that it was agreed between them, that the new note should be substituted for the former note, and that the mortgage should stand…
1Opinion of the Court
The opinion of the court was delivered by
Hall, J.
After the case had been opened in this court in behalf of the plaintiff and also argued by the counsel for the defendant, in regard to the effect of the testimony to connect the new note with the first note and with the mortgage, it was, in conclusion, made a ground of defence, that there was no proof of the existence of the mortgage described in the bill; and on examination of the papers no such proof was found. It was within the recollection of the chancellor who made the decree, that at the hearing below the mortgage *174was treated as being in…
2Cases cited4 opinions
- Waller v. HarrisNew York Supreme Court · 1838
- Beekman v. FrostNew York Supreme Court · 1820
- Mott v. HarringtonSupreme Court of Vermont · 1843
- Dana v. BinneySupreme Court of Vermont · 1835
3Cited by8 opinions
- Fitch v. AmsdenSupreme Court of Vermont · 1897
- Fife v. CateSupreme Court of Vermont · 1910
- Manatee Loan & Mortgage Co. v. Manley's EstateSupreme Court of Vermont · 1934
- Seymour v. DarrowSupreme Court of Vermont · 1858
- W. B. Johnson & Co. v. Central Vermont Railway Co.Supreme Court of Vermont · 1911
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