Pratt v. Bank of Bennington
Supreme Court of Vermont
This was a bill to foreclose a mortgage. 'John Whiton mortgaged the premises to Stephen Hinsdell, who assigned the notes and mortgage to orators. This assignment was never recorded. Subsequently to the assignment, Whiton released, by deed of quit-claim, to Hinsdell, after which Hinsdell mortgaged to defendants, who had no notice of the assignment. The case was argued on bill, and answer by
1Opinion of the Court
The opinion of the Court was delivered by
Phelps, Chancellor.
It is insisted by the defendants, that, by the release of Whiton to Hinsdell, the mortgage title, as well as the equity of redemption, were merged in the fee ;— that the original mortgage being thus extinguished, the defendants, who held by mortgage from Hinsdell, are mortgagees in fee, and will hold in preference to the orators, and, at all events, as the assignment of the original mortgage to the orators was never recorded, that the subsequent mortgagees, relying upon the absolute estate of Hinsdell, apparent of record, and having…
2Cited by16 opinions
- Bank of the State v. AndersonSupreme Court of Iowa · 1863
- W. W. Kimball Co. v. MellonWisconsin Supreme Court · 1891
- Keyes v. Wood, Grant & Co.Supreme Court of Vermont · 1849
- Clay v. BanksSupreme Court of Georgia · 1884
- Dougherty v. RandallMichigan Supreme Court · 1855
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