Danforth v. Smith
Supreme Court of Vermont
[In Chancery.] Appeal from the court- of chancery. It was alleged in the bill, that Jonathan R. Danforth, the husband of the oratrix, died, February 5, 1847, seized of certain land in St. Albans, upon which there was a tavern house, and of a farm in Fairfax and Georgia, which real estate was subject to a mortgage to N. W. Kingman and Hiram B. Sowles, to secure about the sum of $2700,00, and to a mortgage to Hiram B. Sowles, William O. Gadcomb, Victor Atwood and the defendant…
Read the full summary
[In Chancery.] Appeal from the court- of chancery. It was alleged in the bill, that Jonathan R. Danforth, the husband of the oratrix, died, February 5, 1847, seized of certain land in St. Albans, upon which there was a tavern house, and of a farm in Fairfax and Georgia, which real estate was subject to a mortgage to N. W. Kingman and Hiram B. Sowles, to secure about the sum of $2700,00, and to a mortgage to Hiram B. Sowles, William O. Gadcomb, Victor Atwood and the defendant to secure about the sum of $1234,00, and to a mortgage to Jonathan Danforth, to secure the payment of certain specific…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
The first question, made by the defendant’s counsel in the present case, is, whether the bill is so framed, as to justify a decree in favor of the oratrix, of the character of that made by the court of chancery.
*257The bill is undoubtedly framed with a view to compel the defendant to pay the whole mortgage upon the premises, and such is the prayer of the bill. But the facts upon which the chancellor decreed an apportionment of the mortgage between the oratrix and the defendant are substantially the same as those set forth in the bill. Indeed…
2Cases cited3 opinions
- Heirs of Adams v. AdamsSupreme Court of Vermont · 1849
- Morse v. SlasonSupreme Court of Vermont · 1841
- Morse v. SlasonSupreme Court of Vermont · 1844
3Cited by16 opinions
- Dormitzer v. German Savings & Loan SocietyWashington Supreme Court · 1900
- Union Mutual Life Insurance v. KirchoffIllinois Supreme Court · 1890
- Clarke v. Omaha & Southwestern RailroadNebraska Supreme Court · 1877
- Drainage District No. 7 v. BernardsOregon Supreme Court · 1918
- Trowbridge v. SypherSupreme Court of Iowa · 1880
11 more not listed; retrieve them via the Exa API.