Hooper v. Wilson
Supreme Court of Vermont
This was trespass, quare clausum fregit. Plea, not guilty, and trial by jury. The only trespass proved and relied upon was the use of a certain saw-mill by the defendant, for about one week during the latter part of the month of January, 1838. The plaintiff read in evidence a mortgage deed, dated November 19, 1836, of the land mentioned in the declaration, and including the mill aforesaid, executed by one Jotham Wilson to the plaintiff, to secure the payment of certain…
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This was trespass, quare clausum fregit. Plea, not guilty, and trial by jury. The only trespass proved and relied upon was the use of a certain saw-mill by the defendant, for about one week during the latter part of the month of January, 1838. The plaintiff read in evidence a mortgage deed, dated November 19, 1836, of the land mentioned in the declaration, and including the mill aforesaid, executed by one Jotham Wilson to the plaintiff, to secure the payment of certain promissory notes, made payable previous to the trespass complained of, and which it was conceded had never been fully paid.…
1Opinion of the Court
The opinion of the court was delivered by
Collamer, J.
— The mortgagor is the owner of the land, and, under our statute, is entitled to possession until condition broken. Even after this he is owner, and his widow is entitled to dower, &e., and the mortgagee is a creditor, having a lien on the land for his debt, with the right of possession. As between them the mortgagee is landlord and the mortgagor is tenant. Though much has been said as to the nature or name of such tenancy, it is universally allowed *698that he is tenant, and therefore no trespasser, until the mortgagee has asserted his right…
2Cited by9 opinions
- L. Paul Dieffenbach, Jr. v. Attorney General of Vermont, Hazel M. Stevenson, Robert B. Young, First National Bank of Orwell, Inc.Court of Appeals for the First Circuit · 1979
- Wilder v. Davenport's EstateSupreme Court of Vermont · 1886
- Canney v. Merchants Bank (In re Canney)Court of Appeals for the Second Circuit · 2002
- Van Dyke v. Grand Trunk Railway Co.Supreme Court of Vermont · 1911
- Walker v. KingSupreme Court of Vermont · 1872
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