Kimball v. Sattley
Supreme Court of Vermont
Trespass for two hundred tons of hay, one hundred bushels of wheat, and five hundred bushels of oats. By consent of the parties judgment pro forma was entered for the plaintiff. The facts were agreed on as follows : November 25th, 1874, the defendant executed a legal mortgage of his farm in Ferpisburgh, in this State, to the National Life Insurance Company, to secure the payment of $11,000, expressed in promissory notes, which mortgage was duly recorded.
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Trespass for two hundred tons of hay, one hundred bushels of wheat, and five hundred bushels of oats. By consent of the parties judgment pro forma was entered for the plaintiff. The facts were agreed on as follows : November 25th, 1874, the defendant executed a legal mortgage of his farm in Ferpisburgh, in this State, to the National Life Insurance Company, to secure the payment of $11,000, expressed in promissory notes, which mortgage was duly recorded. The defendant was then and has since been in possession of the farm; and the notes are outstanding and unpaid. April 14th, 1879, the…
1Opinion of the Court
The opinion of the court was delivered by
Yeazey, J.
June 21, 1880, the National Life Insurance Company held a mortgage on defendant’s farm to secure the payment of $11,000, expressed in promissory notes, then overdue, this mortgage being dated in 1874. It also held on same date, June 21, a chattel mortgage on some stock and other personal property on the farm, as further security for a part of this debt. The defendant was in possession when the ■ mortgages were given, and has so continued ever since, and on the day named conveyed to this company, by a chattel mortgage in form, but executed…
2Cases cited13 opinions
- Stewart v. DoughtyNew York Supreme Court · 1812
- Davis v. McFarlaneCalifornia Supreme Court · 1869
- Bernal v. HoviousCalifornia Supreme Court · 1861
- Buck v. PickwellSupreme Court of Vermont · 1854
- Marshall v. FergusonCalifornia Supreme Court · 1863
8 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Rogers v. WhitneySupreme Court of Vermont · 1917
- Adams v. St. Johnsbury & Lake Champlain R. R.Supreme Court of Vermont · 1884
- Woodward v. LaporteSupreme Court of Vermont · 1898
- Tolman v. Union Casualty & Surety Co.Missouri Court of Appeals · 1901
- Barton Savings Bank & Trust Co. v. HamblettSupreme Court of Vermont · 1935