Day v. Seely
Supreme Court of Vermont
Appeal from the court of chancery. The bill was brought to foreclose a mortgage of certain premises in Montpelier, executed by one John Parker, on the 21st of September, 1836, to secure a note for $469.64, signed by the mortgagor and bearing date September 12, 1836. The mortgagor died in December, 1837; and the defendants claimed title to the mortgaged premises under an administrator’s sale, made, under an order from the probate court, for the payment of the debts due from…
Read the full summary
Appeal from the court of chancery. The bill was brought to foreclose a mortgage of certain premises in Montpelier, executed by one John Parker, on the 21st of September, 1836, to secure a note for $469.64, signed by the mortgagor and bearing date September 12, 1836. The mortgagor died in December, 1837; and the defendants claimed title to the mortgaged premises under an administrator’s sale, made, under an order from the probate court, for the payment of the debts due from the said Parker at the time of decease. The defendants, in their answer, alleged that the said Parker, at the time he…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
The object of this bill is to foreclose a mortgage, executed by John Parker in his life time, bearing date the 21st of September, 1836. The defendants claim title to the mortgaged premises under an administrator’s sale, for the payment of the debts owing by Mr. Parker, at his decease. The right of the orator to a decree of foreclosure is resisted, upon the ground that Parker was incompetent to execute the mortgage.
The first question presented is, as to the competency of the widow of the intestate, as a witness in behalf of the defendants. If…
2Cited by3 opinions
- Allen's Admr. v. Allen's Admr.Supreme Court of Vermont · 1906
- Stewart v. FlintSupreme Court of Vermont · 1886
- Normand v. NormandSupreme Court of Vermont · 1915