Legal Opinion

Henry v. Tupper

Supreme Court of Vermont

Decided March 15, 1857PublishedCited by 27 opinions

Appeal prom the Court op Chancery. The bill alleged that on the 23d of November, 1829, Benjamin Tupper, then of Barnard, was the owner in fee of a certain farm of land in said town of Barnard, which he had before that time purchased of his father, Ellis Tupper, of said Barnard; and that on said 23d of November, 1829, the said Benjamin, for the expressed consideration of one thousand dollars, executed and delivered to the said Ellis his mortgage deed, or deed of defeasance of…

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Appeal prom the Court op Chancery. The bill alleged that on the 23d of November, 1829, Benjamin Tupper, then of Barnard, was the owner in fee of a certain farm of land in said town of Barnard, which he had before that time purchased of his father, Ellis Tupper, of said Barnard; and that on said 23d of November, 1829, the said Benjamin, for the expressed consideration of one thousand dollars, executed and delivered to the said Ellis his mortgage deed, or deed of defeasance of the said farm, to which said deed there was the following condition: “ Now the condition of the above obligation is…

1Opinion of the Court

The opinion of the court was delivered by

Redfield, Ch. J.

This case seems to involve the naked question, whether the grantor of land on condition of defeasance, if he fail to fulfill the covenant annexed to the deed for the support and maintenance of the grantee, can be relieved, in equity, from. *371the failure to perform such condition ; and if so, whether this is matter of course, and under all circumstances, in courts of equity; and if net, under what particular circumstances such relief will be granted.

It is claimed upon both sides, that this court have determined the question in their favor.…

2Cases cited3 opinions

  1. Livingston v. TompkinsNew York Court of Chancery · 1820
  2. Dunklee v. AdamsSupreme Court of Vermont · 1848
  3. Austin v. AustinSupreme Court of Vermont · 1837

3Cited by27 opinions

  1. Eastern Oil Co. v. CoulehanWest Virginia Supreme Court · 1909
  2. Sawyer v. CookMassachusetts Supreme Judicial Court · 1905
  3. Wheeling & Elm Grove R. R. v. Town of TriadelphiaWest Virginia Supreme Court · 1905
  4. Parsons v. SmilieCalifornia Supreme Court · 1893
  5. Maginnis v. Knickerbocker Ice Co.Wisconsin Supreme Court · 1901

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