Chandler v. Dyer
Supreme Court of Vermont
Bill in Chancery. The allegations and prayer of .the bill are sufficiently set forth in the opinion of the court. The case was heard upon demurrer to the bill, at the December Term, 1862, Wind' sor county, Barrett, Chancellor, and the bill was dismissed, — from which decree the orator appealed.
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Bill in Chancery. The allegations and prayer of .the bill are sufficiently set forth in the opinion of the court. The case was heard upon demurrer to the bill, at the December Term, 1862, Wind' sor county, Barrett, Chancellor, and the bill was dismissed, — from which decree the orator appealed. The defendant held a mortgage of certain premises, dated March 3d, 1857, for $478. The plaintiff attached the equity of redemption March 26th, 1857. The defendant took a second mortgage, dated February 3d, 1858, to secure $4000., which covered all the land included in the first mortgage, except one…
1Opinion of the CourtAldis, J.
This case has been heard upon demurrer to the bill.
The bill states, 1st. That the Island Pond Lumber Company executed a mortgage of five lots of land in Brighton, to the defendant, Isaac Dyer, dated March 3, 1857, to secure $478. This was the first mortgage. 2d. The plaintiff, on the 27th June, 1857, attached the lands so mortgaged, in a suit against the Island Pond Lumber Company, to secure and collect a debt that company owed him of about $2100. This was the second lien upon the lands. 3d. The Island Pond Lumber Company, on the 3d February, 1858, executed another mortgage to Dyer to secure…
2Cases cited4 opinions
- Lyon v. SanfordSupreme Court of Connecticut · 1825
- Nichols v. HolgateSupreme Court of Vermont · 1826
- Downer v. FoxSupreme Court of Vermont · 1848
- Lacey v. TomlinsonSupreme Court of Connecticut · 1811
3Cited by5 opinions
- May v. GatesMassachusetts Supreme Judicial Court · 1884
- Fisher v. TallmanSupreme Court of Missouri · 1881
- Hunn v. KoerberSupreme Court of Vermont · 1971
- Dickinson v. Lamoille County Nat. BankUnited States Circuit Court · 1882
- Tarbell v. DurantSupreme Court of Vermont · 1889