Buzzell v. Still
Supreme Court of Vermont
Petition for the foreclosure of a mortgage. Heard upon demurrer to the bill at the December term, 1890. Boss, Chancellor, sustained the demurrer, proforma, and dismissed the bill with costs. The orator appeals. The petition alleged that on March 17, 1877, Benj. W. Stilli and Clarinda B. Still executed the mortgage in suit to one S. F..
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Petition for the foreclosure of a mortgage. Heard upon demurrer to the bill at the December term, 1890. Boss, Chancellor, sustained the demurrer, proforma, and dismissed the bill with costs. The orator appeals. The petition alleged that on March 17, 1877, Benj. W. Stilli and Clarinda B. Still executed the mortgage in suit to one S. F.. Frary; that the same was assigned to the petitioner on the second day of November, 1878, with the indebtedness secured by it, and that such indebtedness was still due and unpaid. It then proceeded: “Your petitioner further shows that subsequently to the giving…
1Opinion of the Court
*494The opinion of the court was delivered by
ROWELL, J.
The mortgage of April 17, 1877, from Benjamin W. Still and wife to Mary A. Still, warranted the premises free from every incumbrance except the Erary mortgage, of which the petitioner is assignee, and which he is now seeking to foreclose. Thus Mary A. Still had actual notice of the Frary mortgage when she took her mortgage. She also had constructive notice of it, as it was on record. Hence she took her mortgage subject to it.
The petitioner was made a party defendant in the suit to foreclose her mortgage. The only allegation in the petition in…
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- Carpenter v. GleasonSupreme Court of Vermont · 1885
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