Legal Opinion

Proctor v. Thrall

Supreme Court of Vermont

Decided January 15, 1850PublishedCited by 8 opinions

Appeal from the court of chancery. On the nineteenth day of January, 1828, Simeon Wright mortgaged certain land to Francis Slason, to secure the payment of five hundred dollars, specified in two promissory notes. On the eighteenth day of August, 1829, Wright mortgaged the same land to Reuben R. Thrall, to secure the payment of a note for $482,70; and subsequently Wright conveyed to Thrall his equity of redemption in the premises.

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Appeal from the court of chancery. On the nineteenth day of January, 1828, Simeon Wright mortgaged certain land to Francis Slason, to secure the payment of five hundred dollars, specified in two promissory notes. On the eighteenth day of August, 1829, Wright mortgaged the same land to Reuben R. Thrall, to secure the payment of a note for $482,70; and subsequently Wright conveyed to Thrall his equity of redemption in the premises. Thrall subsequently conveyed the land, by deed with covenants of warranty, to William Wheeler; and Wheeler, in July, 1840, conveyed the land, by deed with warranty,…

1Opinion of the Court

The opinion of the court was delivered by

Poland, J.

The history of this case is substantially the following. On the nineteenth day of January, 1828, the defendant Wright was the owner of a certain farm in Pittsford, and on that day he executed a mortgage of the same to Francis Slason, to secure the payment of two notes, both amounting to the sum of five hundred dollars. On the eighteenth day of August, 1829, Wright executed another mortgage of the same land to Reuben R. Thrall, to secure the payment of a note of $482,70; and at some subsequent time, which is not stated in the papers, Wright…

2Cases cited3 opinions

  1. Jackson v. StackhouseNew York Supreme Court · 1823
  2. Phelps v. JohnsonNew York Supreme Court · 1811
  3. Mower v. HutchinsonSupreme Court of Vermont · 1837

3Cited by8 opinions

  1. Harris v. MasonTennessee Supreme Court · 1907
  2. Fife v. CateSupreme Court of Vermont · 1912
  3. McKenzie v. McKenzieSupreme Court of Vermont · 1880
  4. Burlington Building & Loan Ass'n v. CummingsSupreme Court of Vermont · 1941
  5. Howard v. ClarkSupreme Court of Vermont · 1899

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