Legal Opinion

Merrill v. Pease

Supreme Court of Vermont

Decided February 15, 1879PublishedCited by 3 opinions

This was a petition by Sylvester Merrill for the foreclosure of a mortgage from the defendant Byron to Justus W. French, and assigned to the petitioner. The petition alleged that defendants Allen L. Pease, Leonard Macia, Jere Richards, and George B, Macomber, claimed an interest in said premises, and prayed for foreclosure against all of them. The defendant Pease answered, and filed a cross-petition, the allegations of which are stated in the opinion of the court.

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This was a petition by Sylvester Merrill for the foreclosure of a mortgage from the defendant Byron to Justus W. French, and assigned to the petitioner. The petition alleged that defendants Allen L. Pease, Leonard Macia, Jere Richards, and George B, Macomber, claimed an interest in said premises, and prayed for foreclosure against all of them. The defendant Pease answered, and filed a cross-petition, the allegations of which are stated in the opinion of the court. An amended petition was thereupon filed, alleging that French assigned the notes and mortgage to Truman H. Savage, who afterwards…

1Opinion of the Court

The opinion of the court was delivered by

Dunton, J.

This is a petition to foreclose a mortgage, and no question is made as to the validity of the same ; but the defendant Pease, who is the orator in the cross-cause, alleges in his cross-bill, that Byron, the mortgagor, conveyed a portion of the mortgaged premises to him by warranty deed, containing the usual covenants of warranty and against incumbrances ; that he, Pease, relying upon the aforesaid covenants in said deed, and being ignorant of the fact that the premises thereby conveyed to him had been mortgaged by Byron, proceeded to build a…

2Cases cited3 opinions

  1. Cole v. ShurtleffSupreme Court of Vermont · 1868
  2. Wheeler v. WashburnSupreme Court of Vermont · 1852
  3. Pomeroy v. SladeSupreme Court of Vermont · 1844

3Cited by3 opinions

  1. Bedford's Exr. v. ChandlerSupreme Court of Vermont · 1908
  2. Dimond v. MacfarlaneHawaii Supreme Court · 1897
  3. Mussey v. BatesSupreme Court of Vermont · 1892

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