Dietrich v. Hutchinson
Supreme Court of Vermont
Appeal in Chancery. Caledonia County. This is a bill in equity praying for tbe validating and enforcing of an informal mortgage, or that it be treated as an equitable mortgage and enforced as sucb.
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Appeal in Chancery. Caledonia County. This is a bill in equity praying for tbe validating and enforcing of an informal mortgage, or that it be treated as an equitable mortgage and enforced as sucb. Tbe mortgage in question was given by a married woman on her real estate for the purchase price thereof, but was void as a legal mortgage because, through the alleged mistake of the scrivener, the husband did not join as grantor, though he consented to the mortgage, signed and acknowledged it, and signed the notes thereby secured. This mortgage was held void in a prior suit for its foreclosure that…
1Opinion of the CourtRowell, C. J.
This is an appeal in chancery. The orator sold and conveyed his messuage in Lyndon to Lydia Hutchinson, a married woman, for a thousand dollars, of which she paid two hundred dollars down, and gave him promissory notes for the balance, signed by herself and husband; and also gave him a mortgage on the messuage to secure the notes, but the mortgage was void as *a legal mortgage because her husband did not join therein as a grantor, though he signed and acknowledged it.
The orator seeks relief against the land by foreclosure or in some other way, for the satisfaction of his notes. He brought a…
2Cases cited14 opinions
- Russell v. PlaceSupreme Court of the United States · 1877
- Tilghman v. ProctorSupreme Court of the United States · 1881
- Wiggins Ferry Co. v. Ohio & Mississippi Railway Co.Supreme Court of the United States · 1892
- Packet Co. v. SicklesSupreme Court of the United States · 1867
- The State of Rhode Island v. the State of MassachusettsSupreme Court of the United States · 1840
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3Cited by9 opinions
- Blondin v. BrooksSupreme Court of Vermont · 1910
- Spaulding v. Mutual Life InsuranceSupreme Court of Vermont · 1922
- First National Bank v. BertoliSupreme Court of Vermont · 1914
- Ainger v. White's Admrx.Supreme Court of Vermont · 1912
- Kehr v. KehrNebraska Supreme Court · 1962
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