McKenzie v. McKenzie
Supreme Court of Vermont
Appeal from the Court of Chancery. The bill made substantially the following ease: On March 25, 1869, Austin McKenzie, his wife Kate, and Patrick McKenzie executed a mortgage of certain premises in Shelburne, to John Me Kenzie, to secure payment of the sum of $1,900 expressed in certain promissory notes of that date, one for $800 and six others for smaller sums, signed by said Austin and Patrick, and payable to said John, or order.
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Appeal from the Court of Chancery. The bill made substantially the following ease: On March 25, 1869, Austin McKenzie, his wife Kate, and Patrick McKenzie executed a mortgage of certain premises in Shelburne, to John Me Kenzie, to secure payment of the sum of $1,900 expressed in certain promissory notes of that date, one for $800 and six others for smaller sums, signed by said Austin and Patrick, and payable to said John, or order. That mortgage was duly acknowledged on March 27, and recorded on April 1, 1869. Soon afterwards, John delivered to the orator the smaller notes, amounting to the…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
The allegations in the bill are substantially admitted in the answer of Yan Sicklen, Walker & Co., and the bill is taken as confessed as to all the other defendants. It is conceded that on the 25th of March, 1869, Patrick McKenzie, Austin McKenzie, and Kate, his wife, executed a mortgage to John McKenzie of the premises in question, to secure the sum of $1900. Austin afterwards paid $800, and the residue of the notes were sold to James, the orator, amounting at their date to $1100. Afterwards on the 8th day of February, 1871, Austin…
2Cases cited2 opinions
- Proctor v. ThrallSupreme Court of Vermont · 1850
- Mower v. HutchinsonSupreme Court of Vermont · 1837
3Cited by18 opinions
- Emmert v. ThompsonSupreme Court of Minnesota · 1892
- Kent v. BaileySupreme Court of Iowa · 1917
- Institute Building & Loan Ass'n v. EdwardsNew Jersey Court of Chancery · 1913
- Lomas & Nettleton Co. v. IsacsSupreme Court of Connecticut · 1924
- Heuser v. SharmanSupreme Court of Iowa · 1893
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