Legal Opinion

Devereaux & Meserve v. Fairbanks

Supreme Court of Vermont

Decided February 15, 1880PublishedCited by 2 opinions

Assumpsit on three promissory notes for $100 each. Pleas, general issue, plea of the Statute of Limitations and several other special pleas that need not be stated. Trial by the court, May Term, 1878, Barrett, J., presiding. It appeared that the notes in question were originally given to one Lyman Mower on September 16, 1850, for certain premises in the village of Woodstock that the defendant then bought of him, and were secured by mortgage thereon.

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Assumpsit on three promissory notes for $100 each. Pleas, general issue, plea of the Statute of Limitations and several other special pleas that need not be stated. Trial by the court, May Term, 1878, Barrett, J., presiding. It appeared that the notes in question were originally given to one Lyman Mower on September 16, 1850, for certain premises in the village of Woodstock that the defendant then bought of him, and were secured by mortgage thereon. The defendant went into possession of the premises, and continued to occupy the same for a homestead. Afterwards, but before 1847, the defendant…

1Opinion of the Court

The opinion of the court was delivered by

Ross, J.

From the facts found by the County Court it appears that the notes on which recovery is sought, were secured by the Mower mortgage. The plaintiffs attached and levied upon the premises covered by that mortgage, and, to protect the attachment and levy, paid the notes, and then brought a bill to foreclose the mortgage. In the premises covered by the mortgage the defendant had a homestead, to protect which against the foreclosure, he *590brought a cross-bill to have the debt secured by the mortgage apportioned between the homestead and the balance of…

2Cases cited9 opinions

  1. Lovell v. LelandSupreme Court of Vermont · 1831
  2. Paris v. HulettSupreme Court of Vermont · 1854
  3. Thomas v. WarnerSupreme Court of Vermont · 1843
  4. Bowker v. HarrisSupreme Court of Vermont · 1858
  5. Aldrich v. MorseSupreme Court of Vermont · 1856

4 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Sowles v. WittersU.S. Circuit Court for the District of Vermont · 1893
  2. Waite v. StanleySupreme Court of Vermont · 1914

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