Administrators of Lyman v. Little
Supreme Court of Vermont
This was an appeal from a decree of the court of chancery. The orators in their bill, set forth and charged, in substance, that, to secure the payment of• a note of hand, to Ephraim Lacy, of $306, on or before the 1st of' October, 1807, Raymond Chamberlain, on the 15th of September, 1806, mortgaged to said Lacy, among other lands in New-bury, one half of lot No. 2, one eighth of lot No. 1, and one eighth of lot No. 9, in Musquash Meadow in said Newbury j that said Raymond…
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This was an appeal from a decree of the court of chancery. The orators in their bill, set forth and charged, in substance, that, to secure the payment of• a note of hand, to Ephraim Lacy, of $306, on or before the 1st of' October, 1807, Raymond Chamberlain, on the 15th of September, 1806, mortgaged to said Lacy, among other lands in New-bury, one half of lot No. 2, one eighth of lot No. 1, and one eighth of lot No. 9, in Musquash Meadow in said Newbury j that said Raymond Chamberlain and Joseph Chamberlain, being tenants in common of said lot No. 2, and of one fourth of said lot No. 1, did,…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
The object of this bill is to foreclose a mortgage, executed by Erastus Chamberlin to the orators and, also, to compel the defendants to pay the sum due on a mortgage executed by Raymond Chamberlin to Ephraim Lacy, which the orators have been compelled to pay. Or if the mortgage, executed by Erastus Chamberlin, does not include certain lots, No. 1 and 2, — that the mortgage may be considered and decreed as a lien on Nos. 9 and 10, which were received by Little in exchange for Nos. 1 & 2, because Nos. 1 and 2 were inserted, by mistake,…
2Cases cited1 opinion
- Payne v. HathawaySupreme Court of Vermont · 1831
3Cited by11 opinions
- Southard v. . CurleyNew York Court of Appeals · 1892
- Christopher & Tenth Street Railroad v. Twenty-third Street Railway Co.New York Court of Appeals · 1896
- California Safe Deposit & Trust Co. v. Cheney Electric Light, Telephone & Power Co.Washington Supreme Court · 1895
- Christopher St. R. Co. v. . 23d St. R. Co.New York Court of Appeals · 1896
- Smith v. Vermont Marble CompanySupreme Court of Vermont · 1926
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