Paine v. Slocum
Supreme Court of Vermont
[In Chancery.] Bill to foreclose a mortgage and for an accounting between tenants in common. Heard on bill and a master’s report, December Term, 1888. Royce, Chancellor, ordered that a decree be entered for the petitioner for the amount found due by the master — $4,591.19. The petitioner prayed for an accounting and a foreclosure. There was no contention as to the sum named— $1,287 — in the mortgage.
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[In Chancery.] Bill to foreclose a mortgage and for an accounting between tenants in common. Heard on bill and a master’s report, December Term, 1888. Royce, Chancellor, ordered that a decree be entered for the petitioner for the amount found due by the master — $4,591.19. The petitioner prayed for an accounting and a foreclosure. There was no contention as to the sum named— $1,287 — in the mortgage. The accruing clause in the mortgage was : “ And conditioned for the further security of any sum or sums •of money with interest which tiie said- party of the second part may advance to me or for…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
I. The bill of foreclosure sets forth in substance a mortgage from William B. Slocum to the orator of an undivided half of certain property of which the petitioner owns the other half, conditioned for the payment of a sum named, and for all sums of money which the petitioner should lend and advance and pay to or for said Slocum, and for all property which he should transfer to said Slocum, within ten years from the date of the mortgage. It avers, that the sum named has not been paid, and that the petitioner has advanced and paid to and for said…
2Cases cited2 opinions
- Wade v. PulsiferSupreme Court of Vermont · 1881
- Kidder v. RixfordSupreme Court of Vermont · 1844
3Cited by1 opinion
- Rowley v. ShepardsonSupreme Court of Vermont · 1916