Slicer v. Town of Hyde Park
Supreme Court of Vermont
Petition to foreclose a mortgage. Heard on demurrer, December Term, 1881, Powers, Chancellor. Demurrer sustained, and petition dismissed. The highway is an encumbrance. Butler v. Cale, 27 Yt. 739. The act of 1856 only makes a highway no breach of the covenant, but does not affect its character as an encumbrance generally. The orator is entitled to his land, or the damages."
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Petition to foreclose a mortgage. Heard on demurrer, December Term, 1881, Powers, Chancellor. Demurrer sustained, and petition dismissed. The highway is an encumbrance. Butler v. Cale, 27 Yt. 739. The act of 1856 only makes a highway no breach of the covenant, but does not affect its character as an encumbrance generally. The orator is entitled to his land, or the damages." Jones Mort. ss. 707-8. The bill contains a prayer for general relief, so that the court can decree money as damage. The mortgagee out of possession is not the owner of the land, and so not entitled to notice on laying the…
1Opinion of the Court
*482The opinion of the court was delivered by
Eoss, J.
This is a petition .to foreclose a mortgage. The defendant demurs thereto. The substantial facts admitted by the demurrer are : that in 1871 the orator became the mortgagee of a certain farm in the defendant town by a mortgage from Levi F. Eicker ; that while Eicker was in possession of the farm the selectmen of the defendant town, by agreement with Eicker, and without notice to the orator, laid out a highway across the farm ; that Eicker afterwards sold to McAllister; that the orator foreclosed against McAllister and subsequent mortgagees, who…
2Cited by4 opinions
- City of Montpelier v. McMahonSupreme Court of Vermont · 1911
- Brock v. Town of BarnetSupreme Court of Vermont · 1884
- City of Barre v. Barre & Montpelier Power & Traction Co.Supreme Court of Vermont · 1914
- Robinson v. WinchSupreme Court of Vermont · 1893