Legal Opinion

Gleason & Field v. L. T. Kinney's Administrator

Supreme Court of Vermont

Decided July 1, 1893PublishedCited by 9 opinions

Petition to foreclose two mortgages. Heard on the report of a master at March term, 1893. Taft, chancellor, dismissed the petition firo forma. The orator appeals. One of the mortgages was specific, the other accruing.

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Petition to foreclose two mortgages. Heard on the report of a master at March term, 1893. Taft, chancellor, dismissed the petition firo forma. The orator appeals. One of the mortgages was specific, the other accruing. The condition of the accruing mortgage was as follows: “The conditions of this deed are such that if the said Liberty T. Kinney shall well and truly pay or cause to be paid to the said C. J. Gleason and H. K. Field, or either ot them, such sum or sums as he now owes said Gleason and Field, or either of them, or may hereafter owe said Gleason and Field, or either of them, and…

1Opinion of the Court

The opinion of the court was delivered by

ROSS, Ch. J.

In ascertaining the sum due under the accruing mortgage of Feb. 25, 1876, the master reports that he holds that the orator Gleason’s entries upon his diary of 1883 are memoranda and not accounts, and therefore not admissible in evidence against the administrator. But if, in the opinion of the court, this diary is admissible in evidence, he then finds that the first three items for money paid for the intestate should be allowed. The items are charges for money paid by the orator to other parties for the intestate. In each instance under the…

2Cases cited13 opinions

  1. Phelps, Dodge & Co. v. C. B. Conant & Co.Supreme Court of Vermont · 1858
  2. Lapham v. KellySupreme Court of Vermont · 1862
  3. Burnap v. PartridgeSupreme Court of Vermont · 1830
  4. Stearns v. DillinghamSupreme Court of Vermont · 1850
  5. Barber's Adm'r v. BennettSupreme Court of Vermont · 1886

8 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Huntington v. McCartySupreme Court of Vermont · 2002
  2. Lamoille County Savings Bank & Trust Co. v. BeldenSupreme Court of Vermont · 1916
  3. Hay v. PetersonWyoming Supreme Court · 1896
  4. In re Diggins' EstateSupreme Court of Vermont · 1895
  5. Houghton v. TolmanSupreme Court of Vermont · 1902

4 more not listed; retrieve them via the Exa API.

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