Guernsey v. Kendall
Supreme Court of Vermont
Heard on demurrer to the bill, May Term, 1880, Windsor County, Barrett, Chancellor. Demurrer sustained and bill dismissed.
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Heard on demurrer to the bill, May Term, 1880, Windsor County, Barrett, Chancellor. Demurrer sustained and bill dismissed. The facts are stated in the opinion of the court, except the orator in his brief, if the decision of the court was against him, asked leave to amend his bill, by stating that the conveyance of the equity to him was by quit-claim deed in common form; that he had no interest in the farm, and that he held the same in trust for the benefit of a fifth mortgagee. The principle is well settled that if a subsequent incumbrancer or one who has acquired a legal or equitable…
1Opinion of the Court
The opinion of the court was delivered by
Royce, J.
On the 20th day of May, 1867, one • Daniel H. Steele was the owner of a farm in Warren, Vt. On the same day he executed a mortgage of the farm to the town of Warren to secure the payment of anote given by him for the sum of $300. On the 29th of July, 1871, the said Steele, being indebted to the defendant Roxana Kendall, in the sum of $1240, executed his note for that sum payable to her on demand with annual interest, and to secure the payment of said note he, with his wife, executed a mortgage to her of the same farm.
On the 2d day of November,…
2Cases cited1 opinion
- Sweetzer v. JonesSupreme Court of Vermont · 1862
3Cited by9 opinions
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- Hodges v. PhelpsSupreme Court of Vermont · 1893
- Kilpatrick v. HaleyCourt of Appeals for the Eighth Circuit · 1895
- Fuller v. DevolldMissouri Court of Appeals · 1910
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