Dewey v. Brownell
Supreme Court of Vermont
Heard on demurrer to the bill, May Term, 1881. Taft, Chancellor, overruled the demurrer, and ordered that an account be taken by a special master of the repairs made to the premises by the orator, and when ascertained, to deduct therefrom the value of the use and possession of the premises while occupied by the orator ; and after such deduction, the defendant to pay the amount of such repairs, less such deduction, to the orator, on or before the 30th day of May, 1882, with…
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Heard on demurrer to the bill, May Term, 1881. Taft, Chancellor, overruled the demurrer, and ordered that an account be taken by a special master of the repairs made to the premises by the orator, and when ascertained, to deduct therefrom the value of the use and possession of the premises while occupied by the orator ; and after such deduction, the defendant to pay the amount of such repairs, less such deduction, to the orator, on or before the 30th day of May, 1882, with interest from the date of the decree to the time of the payment. The bill alleged that the orator expended about the sum…
1Opinion of the Court
The opinion of the court was delivered by
Powers, J.
The facts stated in the bill are by the demurrer conceded to be true.
It appears that Mrs. Gilbert, holding the mortgage upon the premises in question, brought her petition for a foreclosure thereof against Frederick G. Brownell and William H. Brownell, the original mortgagors, not knowing that they had then quit-claimed their equity of redemption to this defendant. Mrs. Gilbert’s claim became absolute, but was not binding on this defendant. The orator took a conveyance of the premises of Mrs. Gilbert after her decree became absolute, in…
2Cases cited1 opinion
- Chapman v. SmithSupreme Court of Vermont · 1837
3Cited by2 opinions
- Burlington Building & Loan Ass'n v. CummingsSupreme Court of Vermont · 1941
- Howard v. ClarkSupreme Court of Vermont · 1900