Dana v. Binney
Supreme Court of Vermont
This was ejectment for a tract of land in the town of Plymouth. On the 5th day of November 1829, one Timothy Wetherbee conveyed the land in question to the defendant Binney, by a deed of mortgage duly acknowledged and recorded, conditioned as follows: “ Providing nevertheless, and the above deed is given on this condition, that whereas the said Timothy Wetherbee has this day made, executed and delivered unto the said Moses Binney four notes of hand, bearing even date with…
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This was ejectment for a tract of land in the town of Plymouth. On the 5th day of November 1829, one Timothy Wetherbee conveyed the land in question to the defendant Binney, by a deed of mortgage duly acknowledged and recorded, conditioned as follows: “ Providing nevertheless, and the above deed is given on this condition, that whereas the said Timothy Wetherbee has this day made, executed and delivered unto the said Moses Binney four notes of hand, bearing even date with these presents, for the sum of three hundred and fifty dollars, to be paid at different times— the first note for one…
1Opinion of the Court
The opinion of the court was delivered by
Royce, J.
It is questionable whether the conduct of Wether-bee was fraudulent in a legal sense, and if it was so, the plaintiffs are not shown to have been privy to the fraud. Consequently, that part of the case which relates to the alledged fraud of Wetherbee is not material, except as it goes to show the consideration of the new notes, that the original debt was not satisfied, and that Binney had no intention to relinquish or affect his lien on the land. The only important question is, upon the effect of exchanging the notes in the manner stated,…
2Cases cited2 opinions
- Hutchins v. OlcuttSupreme Court of Vermont · 1832
- Edgell v. StanfordSupreme Court of Vermont · 1831
3Cited by9 opinions
- Dunshee v. ParmeleeSupreme Court of Vermont · 1847
- Bunker v. BarronSupreme Judicial Court of Maine · 1887
- McDonald v. McDonaldSupreme Court of Vermont · 1844
- Seymour v. DarrowSupreme Court of Vermont · 1858
- Austin v. Bailey & PutnamSupreme Court of Vermont · 1892
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