Spaulding v. Estate of Warner
Supreme Court of Vermont
Appeal from probate. It appeared that the plaintiff presented a claim against the defendant estate for 1346.30, which was allowed, and that a claim for a greater sum was presented in set-off.
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Appeal from probate. It appeared that the plaintiff presented a claim against the defendant estate for 1346.30, which was allowed, and that a claim for a greater sum was presented in set-off. The case was referred, and the referee reported in regard to the claim in set-off the following facts: On May 19,1874, the intestate sold and conveyed certain premises in Roxbury to Lucie A. Wilson, wife of Thomas Wilson, and took from them a mortgage thereon to secure payment of part of the purchase money. On February 7, 1876, the Wilsons sold and conveyed the premises to the plaintiff. The plaintiff…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
From the referee’s report it appears that the intestate sold certain real estate and took a mortgage from the purchaser to secure the payment of part of the purchase money. The mortgagor subsequently sold the same premises to the plaintiff, the plaintiff agreeing to pay the amount due on the mortgage as a part of the consideration of his purchase. Subsequently the plaintiff sold the mortgaged premises, and the intestate foreclosed his mortgage, and was obliged to take the premises on the mortgage. It is found that the premises were of less…
2Cases cited5 opinions
- Herrick v. Estate of BelknapSupreme Court of Vermont · 1854
- Heirs of Adams v. AdamsSupreme Court of Vermont · 1849
- Sparhawk v. Administrator of Ozias BuellSupreme Court of Vermont · 1837
- Brown v. Estate of SumnerSupreme Court of Vermont · 1859
- Robinson v. SwiftSupreme Court of Vermont · 1830
3Cited by6 opinions
- Barton National Bank v. AtkinsSupreme Court of Vermont · 1899
- Church's v. Church's EstateSupreme Court of Vermont · 1907
- Purdy v. Estate of PurdySupreme Court of Vermont · 1894
- Atkins's Estate v. Atkins's EstateSupreme Court of Vermont · 1896
- Downs v. Downs' Exr.Supreme Court of Vermont · 1903
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