Buckmaster v. Needham
Supreme Court of Vermont
Appeal from the court of chancery. On the fifteenth day of February, 1828, Benjamin Needham, Jr., conveyed to his son, Horace Needham, by deed, for the consideration, as expressed in the deed, of $1000,00, one third of his farm, on which his son then resided with him, with a condition annexed to the deed, in these words; — “ The condition of the above deed is such, that whereas ' the said Benjamin Needham, Jr., the grantor, hath made the above * deed to the said Horace…
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Appeal from the court of chancery. On the fifteenth day of February, 1828, Benjamin Needham, Jr., conveyed to his son, Horace Needham, by deed, for the consideration, as expressed in the deed, of $1000,00, one third of his farm, on which his son then resided with him, with a condition annexed to the deed, in these words; — “ The condition of the above deed is such, that whereas ' the said Benjamin Needham, Jr., the grantor, hath made the above * deed to the said Horace Needham for the express purpose of se- ‘ curing to the said Horace Needham the right of the soil above de- * scribed in said…
1Opinion of the Court
*621The opinion of the court was delivered by
Royce, Ch. J.
The orators brought their bill to foreclose a mortgage executed to them, in 1837, by the defendant Horace Needham. And, to entitle them to all the relief sought against the other defendants, it was necessary to show, that Horace Needham had an estate in one third of the farm at the time of giving the mortgage. If he then had no title, the orators could only claim to hold, by operation of the covenants in the mortgage deed, the interest which, in that case, must afterwards have come to him by inheritance from Benjamin Needham, his father;…
2Cases cited1 opinion
- Hall v. DeweySupreme Court of Vermont · 1838
3Cited by8 opinions
- Liles v. PittsSupreme Court of Louisiana · 1919
- Peck v. WilliamsIndiana Supreme Court · 1888
- Crook v. VandevoortNebraska Supreme Court · 1882
- Chandler v. RickerSupreme Court of Vermont · 1876
- Estate of Allen v. AllenSupreme Court of Iowa · 1902
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