Legal Opinion

Citizens' Savings Bank & Trust Co. v. Graham

Supreme Court of Vermont

Decided January 15, 1896Published

Foreclosure of mortgage. Heard at the September term,, 1895, Orleans county, upon the pleadings and a master’s report. Start, Chancellor, decreed for the orator to the full amount of the note as to all the defendants except Graham, and to the amount of thirty dollars and interest as to him. The orator appeals.

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Foreclosure of mortgage. Heard at the September term,, 1895, Orleans county, upon the pleadings and a master’s report. Start, Chancellor, decreed for the orator to the full amount of the note as to all the defendants except Graham, and to the amount of thirty dollars and interest as to him. The orator appeals. The mortgage in question was valid as against insolvency - In Re Parsons, 150 Mass. 343 ; In Re Rosenficld, 2 N. B. R. 122 ; In Re Keefer, 4 N. B. R. 389 ; In Re Sinclair, 38. Moak 170.

1Opinion of the CourtThompson, J.

January 23, 1894, the defendant Conner was an insolvent debtor, and contemplated voluntary proceedings in the court of insolvency to procure himself to be adjudged such a debtor, and thus secure to himself and his creditors, the rights and benefits accorded by law. At that time there was a suit pending in the supreme court in favor of I. T. Patterson against him and others, in which judgment had been rendered against the defendants for about one thousand dollars and costs of suit and a certified execution granted against all the defendants. If this judgment was affirmed it would take all of…

2Cases cited1 opinion

  1. ParsonsMassachusetts Supreme Judicial Court · 1890

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