Warner v. Pate
Supreme Court of Vermont
This was an action .of ejectment of Lot No. 77, in the Village of Burlington, mortgaged to the plaintiff by Pate, one of the defendants. Plea, General Issue.
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This was an action .of ejectment of Lot No. 77, in the Village of Burlington, mortgaged to the plaintiff by Pate, one of the defendants. Plea, General Issue. It was tried March Term, 1832. The facts which'then appeared are generally stated in the opinion of the Court; and here it is necessary merely to add that it appeared on the trial, that the plaintiff had obtained a decree of foreclosure at the then last January Term, amounting to somewhat more than .f 1000, and that the time to redeem would expire on the first day of May, A. D. 1832. Upon the evidence, the defendants contended that the…
1Opinion of the Court
The opinion of the Court was delivered by
Baylies, J.
There are two questions to be decided, 1st. was there & misjoinder of defendants ? 2d. was Henry Thomas liable to pay for rents, and profits ? As to the first question, it appears, thát Thomas Pate was the mortgagor of the land in'question to the plaintiff, on tho 18th January, 1831; that one note of $200, which, by the condition of the mortgage, was' payable to the plaintiff on the first day of May, 1831, was not paid; and by reason thereof the plaintiff'became entitled to the possession of the land; but said Pate continued to hold…
2Cases cited1 opinion
- Atkinson v. BurtSupreme Court of Vermont · 1826