Blanchard v. Morey
Supreme Court of Vermont
[In Chancery.] Petition to foreclose a mortgage. Heard on the report of a special master, December Term, 1882, Orange County, Powers, Chancellor. Decree that the defendants pay to the orator the sum of $638, with interest and cost, or be foreclosed.
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[In Chancery.] Petition to foreclose a mortgage. Heard on the report of a special master, December Term, 1882, Orange County, Powers, Chancellor. Decree that the defendants pay to the orator the sum of $638, with interest and cost, or be foreclosed. It appeared that the land-in contention, prior to the deed of 1857, was owned by Betliiah, the second wife of John Morey, sr.; that she died in March, 1874, without issue; that John Morey, sr., died in 1878; that the deed from John Morey, sr., to John Morey, jr., was dated March 27th, 1875; that the mortgage in question, signed by John Morey, sr.,…
1Opinion of the Court
The opinion of the court was delivered by
Yeazey, J.
The decision of this case depends on the construction of the deed of 1857. The deed is by John Morey, sr., and his wife, Bethiah, to two of his five sons, viz., John Morey, jr., and William O. Morey. It is in the usual form of a conveyance of a present fee simple, but with conditions.
The unskilfulness and ignorance of the draftsmen in such matters have, as usual, caused difficulty. The words of the conditions are as follows:
“ The conditions of this deed is this: That the said Wm. C. “ and John Morey, jr., are not to have any right or title…
2Cases cited3 opinions
- Flagg v. EamesSupreme Court of Vermont · 1867
- Henry v. TupperSupreme Court of Vermont · 1857
- Wood v. BeachSupreme Court of Vermont · 1834
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- Ekblaw v. NelsonSupreme Court of Minnesota · 1914
- Blair v. Blair and BlairSupreme Court of Vermont · 1940
- Atkins' v. AtkinsSupreme Court of Vermont · 1914
- Main St. Landing LLC v. Lake St. Assocs., Inc.Vermont Superior Court · 2004
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