Bigelow v. Topliff
Supreme Court of Vermont
Appeal from the Court of Chancery. Bill of foreclosure in common form, on a mortgage, by Russell Topliff, to one Hugh Henry, dated February 10th, 1845, to secure the payment of a note for $1000, which note Daniel Aiken signed as surety.
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Appeal from the Court of Chancery. Bill of foreclosure in common form, on a mortgage, by Russell Topliff, to one Hugh Henry, dated February 10th, 1845, to secure the payment of a note for $1000, which note Daniel Aiken signed as surety. The bill set forth that said mortgage was duly assigned and transferred with the said note, on the 27th day of October, A. D. 1847, by Hugh H. Henry, executor of the last will and testament of the said Hugh Henry deceased, to Elizabeth Bigelow, wife of the said Lawrence G. Bigelow, the said Elizabeth being one of the residuary legatees named in said will. The…
1Opinion of the Court
The opinion of the court was delivered by
Isham, J.
The plaintiffs are prosecuting this bill of foreclosure, as the assignees of the executor of Hugh Hehry, to whom the mortgage note was executed by Russell Topliff and Daniel Aiken as surety. The mortgage deed, purporting to convey the entire interest in the premises, was executed, acknowledged, and recorded on the 10th day of February, 1845, by RusseE Topliff alone, on what was known as the Barlow and Darhng farms. The bill is taken as confessed by the makers of the note, and answered only by Sebastian R. Streeter and RoEin Richmond.
The…
2Cases cited7 opinions
- Wright v. BatesSupreme Court of Vermont · 1841
- Giddings v. SmithSupreme Court of Vermont · 1843
- Morton v. EdwinSupreme Court of Vermont · 1846
- Conner v. ChaseSupreme Court of Vermont · 1843
- Coe v. StowSupreme Court of Connecticut · 1831
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3Cited by15 opinions
- Blodgett v. PerrySupreme Court of Missouri · 1888
- Hackett v. CallenderSupreme Court of Vermont · 1859
- Obuchowski v. Davis (In Re Davis)United States Bankruptcy Court, D. Vermont · 1989
- Campbell v. KeysMichigan Supreme Court · 1902
- Moore v. BowmanSupreme Court of New Hampshire · 1867
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