Blair v. Ritchie & Warden
Supreme Court of Vermont
Chancery. The cause came on for hearing on pleadings, master’s report and exceptions thereto, Caledonia County, June Term, 1899, Thompson, Chancellor. Decree pro forma overruling the exceptions and dismissing the bill. The orator appealed.
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Chancery. The cause came on for hearing on pleadings, master’s report and exceptions thereto, Caledonia County, June Term, 1899, Thompson, Chancellor. Decree pro forma overruling the exceptions and dismissing the bill. The orator appealed. The bill was in substance, a bill to set aside a mortgage of personal property given to the defendants Ritchie and Warden on the ground of its invalidity as against the orator, who was the assignee in insolvency of the estate of the mortgagor, one James W. Blaine.
1Opinion of the CourtWatson, J.
The law is well settled in this State that the certificate of a town clerk upon a mortgage or deed of the time it was received for record, is but prima facie evidence of the true date, and that parol evidence is admissible to vary or contradict the same. Bartlett et ux. v. Boyd, 34 Vt. 256; Johnson v. Burden et al., 40 Vt. 567.
The mortgage in question was executed and delivered to the defendants on April 27, 1897, and by them held until June 7, 1897, when defendant Ritchie took it and drove to Barnet village, in front of the store of Burbank & Robie who were partners in *313trade. The town…
2Cases cited7 opinions
- Reese v. MedlockTexas Supreme Court · 1863
- Wood v. McCainSupreme Court of Alabama · 1845
- Bartlett v. BoydSupreme Court of Vermont · 1861
- Fairbanks, Brown & Co. v. DavisSupreme Court of Vermont · 1877
- Johnson v. BurdenSupreme Court of Vermont · 1868
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Hunt v. AllenSupreme Court of Vermont · 1901
- Morgan v. MorganSupreme Court of Vermont · 1909