Legal Opinion

Citizens' Savings Bank & Trust Co. v. Jenkins

Supreme Court of Vermont

Decided November 13, 1916PublishedCited by 16 opinions

Appeal in Chancery.. Petition to foreclose a mortgage upon real estate. After a decree for the petitioner, the case was referred to a special master to find and report the sum due in equity, who found that if a certain payment amounting to $798.86 should not be applied upon the mortgage indebtedness, there was due the sum of $2,069.49, but if the foregoing payments should be so applied the sum due was $1,129.78. Heard on the report of the special master in vacation after the…

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Appeal in Chancery.. Petition to foreclose a mortgage upon real estate. After a decree for the petitioner, the case was referred to a special master to find and report the sum due in equity, who found that if a certain payment amounting to $798.86 should not be applied upon the mortgage indebtedness, there was due the sum of $2,069.49, but if the foregoing payments should be so applied the sum due was $1,129.78. Heard on the report of the special master in vacation after the December Term, 1915, Caledonia County, Miles, Chancellor. Decree that there was due the petitioner the smaller of the…

1Opinion of the CourtHaselton, J.

This is a proceeding to foreclose a mortgage given by Geo. W. Jenkins and his wife Amanda upon real estate held by them as an estate by entirety. No defence was *15made as to Lang, and when the “defendants” are spoken of he is not included in the term, but George W. Jenkins and Amanda Jenkins are meant. The case was referred to a special master, and on his report the only question was as to the sum due in equity. The master reported in the alternative; and the court of chancery adjudged that there was due the plaintiff $1,129.79, the smaller sum reported conditionally as due, and rendered a…

2Cases cited10 opinions

  1. Bramberry's EstateSupreme Court of Pennsylvania · 1893
  2. Morrill v. MorrillMichigan Supreme Court · 1904
  3. Town of Corinth v. EmerySupreme Court of Vermont · 1891
  4. Rutland Railway, Light & Power Co. v. WilliamsSupreme Court of Vermont · 1916
  5. Laird v. PerrySupreme Court of Vermont · 1902

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

3Cited by16 opinions

  1. Sawada v. EndoHawaii Supreme Court · 1977
  2. In Re Wall.Court of Appeals for the D.C. Circuit · 1971
  3. McNeilly v. Geremia (In Re McNeilly)Bankruptcy Appellate Panel of the First Circuit · 2000
  4. Hendrickson v. International Harvester Co. of AmericaSupreme Court of Vermont · 1927
  5. In Re WeissUnited States Bankruptcy Court, S.D. New York · 1980

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