Whiting v. Adams
Supreme Court of Vermont
Bill of foreclosure. Heard upon the report of a master at the April term, 1893. Rowell, chancellor, decreed that the master’s report be accepted and confirmed; that the orator account to the defendant for the gross value of the timber, being eight hundred sixteen dollars and twenty cents; for loss occasioned by cutting stumps too high, twelve dollars ; for personal property sold at auction, one hundred sixty-two dollars and fifty cents, and for rent of premises to date,…
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Bill of foreclosure. Heard upon the report of a master at the April term, 1893. Rowell, chancellor, decreed that the master’s report be accepted and confirmed; that the orator account to the defendant for the gross value of the timber, being eight hundred sixteen dollars and twenty cents; for loss occasioned by cutting stumps too high, twelve dollars ; for personal property sold at auction, one hundred sixty-two dollars and fifty cents, and for rent of premises to date, twenty-one dollars and thirty-three cents, making in all the sum of one thousand twelve dollars and three cents; that there…
1Opinion of the CourtRoss, C. J.
This is a petition to foreclose, in legal effect, a mortgage. The parties agree that they stand, in regard to the premises, in the relation of mortgagor and mortgagee. This admits that the defendant has an equity in all the property embraced in the contract sought to be foreclosed. # The orator cannot rely upon any other rights than those of mortgagor, however absolute his paper title to the property. Davis v. Hemenway, 27 Vt. 589. The defendant had been in possession of the premises many yeai's. He gave a mortgage on them which was foreclosed and became absolute April 30, 1889. H. A. Jackson…
2Cases cited25 opinions
- Wooden-Ware Co. v. United StatesSupreme Court of the United States · 1882
- Benedict v. Gilman & CouchNew York Court of Chancery · 1833
- Curtis v. GroatNew York Supreme Court · 1810
- Winchester v. CraigMichigan Supreme Court · 1876
- Moore v. CableNew York Court of Chancery · 1815
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- Orkin Exterminating Co. of So. Fla., Inc. v. Truly Nolen, Inc.District Court of Appeal of Florida · 1960
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