Slason v. Wright
Supreme Court of Vermont
This was an appeal from a decree of the court of chancery dismissing the orator’s bill. . The orator’s bill was brought in common form to foreclose a mortgage executed to the orator by the defendant, Wright, who answered the bill, and, in his answer, set forth facts constituting a full defence, upon the merits, but these facts were not responsive to the bill. The answer was not traversed.
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This was an appeal from a decree of the court of chancery dismissing the orator’s bill. . The orator’s bill was brought in common form to foreclose a mortgage executed to the orator by the defendant, Wright, who answered the bill, and, in his answer, set forth facts constituting a full defence, upon the merits, but these facts were not responsive to the bill. The answer was not traversed. The defendant, Wright, filed a cross bill, which he subsequently withdrew, by contract with the orator ; but the contract did not include the withdrawal of the answer of Wright. The defendant, Thrall, also…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
The orator’s bill is one for foreclosure in the usual form.
The defendant, Wright, (the mortgagor) answers, alleging facts which make a full defence, upon the merits of the bill. This defence, it is true, is not responsive to the bill,and had the answer been traversed, must have been proved by defendant, or it could not have availed the party. But this answer, not being traversed, and the case set down for hearing, on bill and answer, all the facts alleged in the answer must be taken as true. This being the case, the orator cannot expect to…
2Cited by15 opinions
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- Ledwith v. City of JacksonvilleSupreme Court of Florida · 1893
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