Richardson v. Baker
Supreme Court of Vermont
Appeal from the Court of Chancery. The bill alleged execution of a mortgage of the premises in question from the defendants Lauren and Orinda to the defendant Frances, to secure payment of said Lauren’s promissory note for $400 ; subsequent acquirement by one Alfred Smith of a mechanics’ lien on said premises for $142.48; due proceedings thereon by way of memorandum, attachment, judgment, record, &c., to establish the same as a mortgage ; and subsequent conveyance of said…
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Appeal from the Court of Chancery. The bill alleged execution of a mortgage of the premises in question from the defendants Lauren and Orinda to the defendant Frances, to secure payment of said Lauren’s promissory note for $400 ; subsequent acquirement by one Alfred Smith of a mechanics’ lien on said premises for $142.48; due proceedings thereon by way of memorandum, attachment, judgment, record, &c., to establish the same as a mortgage ; and subsequent conveyance of said premises and assignment of said judgment from said Smith to the orator. The bill further alleged that the said Frances…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
The orator became interested in the premises as the assignee of a mechanics’ lien which, by due proceeding under the statute, had ripened into a mortgage thereof subsequent to the mortgage held by the defendant. He tendered the defendant the amount which he claimed was due her on her mortgage, and thereupon brought this bill to redeem the premises from the defendant’s mortgage. He claims that there was $20 usury included in the mortgage note held by the defendant, and that his tender is sufficient to pay the defendant’s mortgage when this sum…
2Cases cited5 opinions
- Lamoille County National Bank v. BinghamSupreme Court of Vermont · 1877
- Ward v. WhitneySupreme Court of Vermont · 1859
- Cady v. GoodnowSupreme Court of Vermont · 1877
- Churchill v. ColeSupreme Court of Vermont · 1859
- Reed v. EastmanSupreme Court of Vermont · 1877
3Cited by2 opinions
- Irwin v. Washington Loan Ass'nOregon Supreme Court · 1903
- Lafountain v. Burlington Savings BankSupreme Court of Vermont · 1883