Appleton v. Edson
Supreme Court of Vermont
This was an action of ejectment for the recovery of a lot of land in Mendon, drawn to the right of Moses Wheelock, by him deed ed to Ephraim Wheelock, who executed a mortgage deed of the same to Wrn. Sullivan and Jonathan Amory of Boston, in the capacity of administrators of James Cutter, formerly of Boston, deceased, given to secure the payment of a certain bond.
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This was an action of ejectment for the recovery of a lot of land in Mendon, drawn to the right of Moses Wheelock, by him deed ed to Ephraim Wheelock, who executed a mortgage deed of the same to Wrn. Sullivan and Jonathan Amory of Boston, in the capacity of administrators of James Cutter, formerly of Boston, deceased, given to secure the payment of a certain bond. The latter deed was dated September 10, 1799, and the bond described in the condition, September 2, 1799. The substance of the condition was the payment of $1136 57 — one moiety June 1,1800, and the other moiety one year thereafter.…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
The first question raised here is, whether this defendant, being a stranger to the title, can claim to show by mere lapse of time a bar to the plaintiffs’ right of action, on the mortgage debt, in order to defeat his recovery in this action ? It is true, no doubt, that the lapse of time in this case being more than' twenty years, is, unexplained, sufficient to bar all recovery upon the bond. It is also true that the mortgage is but an incident to the bond. But it is never true that mere lapse oí time will raise a presumption of payment of…
2Cases cited2 opinions
- Higginson v. MeinSupreme Court of the United States · 1808
- Jackson ex dem. Mackay v. SlaterNew York Supreme Court · 1830
3Cited by7 opinions
- Union Land & Grazing Co. v. ArceNew Mexico Supreme Court · 1915
- Sowles v. MinotSupreme Court of Vermont · 1909
- Brown v. EdsonSupreme Court of Vermont · 1851
- White v. FullerSupreme Court of Vermont · 1865
- Stacy v. BostwickSupreme Court of Vermont · 1876
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