Gleason v. Carpenter
Supreme Court of Vermont
Appeal in Chancery in foreclosure proceedings. Heard on defendant’s demurrer to the bill at the March Term, 1902, Washington County, Start, Chancellor, presiding. Decree, pro forma, sustaining the demurrer and dismissing the bill. The orator appealed.
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Appeal in Chancery in foreclosure proceedings. Heard on defendant’s demurrer to the bill at the March Term, 1902, Washington County, Start, Chancellor, presiding. Decree, pro forma, sustaining the demurrer and dismissing the bill. The orator appealed. The payment of the first mortgage by C. J. Gleason, who was the owner of the equity of redemption, extinguished the mortgage, for he obtained title by a quit claim deed which was subject to the mortgage foreclosed as well as the second mortgage; and by taking such a conveyance, it became his duty to pay the mortgages; and by paying the first…
1Opinion of the CourtStart, J.
The orator, by his bill, shows that defendants Carpenter, Woodward and Morton were tenants in common with C. J. Gleason of a second mortgage interest in the premises at the time C. J. Gleason paid the first mortgage, and insists that C. J. Gleason thereby became subrogated to all the rights and interest of the first mortgagee in the premises. In view of the allegation and claim, the demurrer cannot be sustained on the ground that the bill shows a merger of the two estates. It was not necessary to set forth in the bill all the circumstances that attended the conveyance of the equity of…
2Cases cited6 opinions
- Drake v. WildSupreme Court of Vermont · 1893
- Wheeler v. WillardSupreme Court of Vermont · 1871
- Howard v. ClarkSupreme Court of Vermont · 1899
- Spaulding v. CraneSupreme Court of Vermont · 1873
- Carpenter v. GleasonSupreme Court of Vermont · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Island Pond National Bank v. LacroixSupreme Court of Vermont · 1932
- Wilder's Exr. v. WilderSupreme Court of Vermont · 1909
- Anderson v. StarrWashington Supreme Court · 1930
- Page v. CaveSupreme Court of Vermont · 1919
- Collins v. City of BarreSupreme Court of Vermont · 1917
1 more not listed; retrieve them via the Exa API.