Walworth v. Barron
Supreme Court of Vermont
Bill to foreclose a mortgage. Heard on bill, answer, traverse and testimony, and cross-bill, answer, traverse and report of a master, March Term, 1879. Redeield, Chancellor, ordered that the orator, Walworth, have a decree as of a foreclosure ; that the judgment in favor of Hazen Campbell be offset and deducted from the sum found due the orators on the report, according to the prayer of the cross-bill, leaving now due the sum of $2981.83. L. P. Barron and Hazen Campbell,…
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Bill to foreclose a mortgage. Heard on bill, answer, traverse and testimony, and cross-bill, answer, traverse and report of a master, March Term, 1879. Redeield, Chancellor, ordered that the orator, Walworth, have a decree as of a foreclosure ; that the judgment in favor of Hazen Campbell be offset and deducted from the sum found due the orators on the report, according to the prayer of the cross-bill, leaving now due the sum of $2981.83. L. P. Barron and Hazen Campbell, orators in the cross-bill, appealed. The bill alleged that said Bartholomew deeded the premises to Lyman P. Barron, January…
1Opinion of the Court
The opinion of the court was delivered by
Taft, J.
I. This is a petition to foreclose a mortgage. Its execution, with that of the notes secured by it, is admitted. The notes were given for the balance due, upon the settlement of a very large deal between the parties, the amount of which was doubtful. The defendants claim that, at the time of the settlement, the defendant, Hazen Campbell, the maker of the notes, had large claims against Bartholomew, the orator’s intestate, for which no credit had been given him in the settlement: that it was the intention that said notes should have been given…
2Cited by4 opinions
- Batchelder v. MantakSupreme Court of Vermont · 1978
- Harris v. Howard's EstateSupreme Court of Vermont · 1884
- Farmer v. WilliamsSupreme Court of Vermont · 1918
- Majestic Hotel Co. v. BigelowAppellate Division of the Supreme Court of the State of New York · 1900