Brooks & Berry v. Hubbard
Supreme Court of Vermont
This was an action of assumpsit brought to the City-Court of Montpelier. Judgment by default was rendered against the principal defendant. Upon an agreed statement of facts the court, Smilie, J., pro forma and without hearing adjudged that the trustee was chargeable for the amount of the judgment against the principal defendant. The claimant excepted.
1Opinion of the CourtTaft, C. J.
The claimant took a mortgage from the defendant, an owner of land condemned for highway purposes, under proceedings begun by the City of Montpelier. It furnished the money to pay a prior mortgage to the Montpelier Savings Bank & Trust Company and took the mortgage under which it now claims for a greater sum than that paid the Trust Company. Subsequently this suit was brought and the question presented is whether a mortgagee of land condemned for highway purposes by proceedings begun anterior to the mortgage, and not made a party to the condemnation proceedings, *123can hold the damages awarded,…
2Cases cited1 opinion
- Wade v. HennessySupreme Court of Vermont · 1882
3Cited by1 opinion
- Thorp v. CrotoSupreme Court of Vermont · 1907