Carpenter v. Millard
Supreme Court of Vermont
Appeal from Ohatscert. By an agreement of parties the cause stood for trial at the December Term, 1863, Kellogg, Chancellor, on the bill and answers, and such deeds and other papers as are referred to in the bill arid answers, all of which are sufficiently set forth in the opinion of the court, and a pro forma decree was rendered dismissing the bill with costs, — from which the orator appealed. maintained that the mortgage deed executed by Marshall to Millard and Cook, was a…
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Appeal from Ohatscert. By an agreement of parties the cause stood for trial at the December Term, 1863, Kellogg, Chancellor, on the bill and answers, and such deeds and other papers as are referred to in the bill arid answers, all of which are sufficiently set forth in the opinion of the court, and a pro forma decree was rendered dismissing the bill with costs, — from which the orator appealed. maintained that the mortgage deed executed by Marshall to Millard and Cook, was a mortgage of “ one undivided half,” and not of the whole interest that Marshall acquired by the two deeds from Millard…
1Opinion of the Court
The opinion of the court was delivered by
Peck, J.
The orator claims that the defendant Millard and B. Wilber Cook on the 18th of November, 1847, conveyed to James E. Marshall by deed an undivided half of certain lands in Stamford, being about 1038 acres; that on the 8th of January, 1849, they conveyed by deed to said Marshall the other undivided half of the same lands, and that on the last mentioned day Marshall executed a mortgage deed to said Millard and Cook to secure his notes to them for $6600. of the undivided half so conveyed to him by the first named deed. The orator further claims…
2Cited by7 opinions
- Barbour v. TompkinsWest Virginia Supreme Court · 1906
- Mercantile Trust Co. v. Lamoille Val. R.U.S. Circuit Court for the District of Vermont · 1879
- St. Johnsbitry & Lake Champlain Railroad v. WillardSupreme Court of Vermont · 1888
- Flinn v. BosoWest Virginia Supreme Court · 1917
- Haskell's Admr. v. HoltSupreme Court of Vermont · 1903
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