Barton v. Kingsbury
Supreme Court of Vermont
Bill in Chancery. The facts material to be stated were as follows: The orators, on the 11th day of January, 1849, became the owners in severalty of twenty-five acres of land in Ludlow, which, with other lands, was subject to a mortgage executed by Alfred Warner to Oliver Tarbell, to secure a debt of about $895 due from Warner to Tarbell.
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Bill in Chancery. The facts material to be stated were as follows: The orators, on the 11th day of January, 1849, became the owners in severalty of twenty-five acres of land in Ludlow, which, with other lands, was subject to a mortgage executed by Alfred Warner to Oliver Tarbell, to secure a debt of about $895 due from Warner to Tarbell. The orators derived their title by virtue of a deed from said Warner, containing the usual covenants of warranty, seizin, possession, and against incumbrances, which deed was duly executed and recorded. The orators were then ignorant of the existence of this…
1Opinion of the Court
The opinion of the court was delivered by
Prout, J.
In this case the orators seek to open the decrees of foreclosure, referred to in their bill of complaint, and that they may be allowed to redeem the mortgaged premises, with a view of protecting themselves against a liability arising on their covenants contained in a deed by which they conveyed twenty-five acres, parcel of the mortgaged premises. The interest conveyed by the orators, by virtue of this deed, passed from their grantee “ by levies and mesne conveyances,” as alleged in the bill of complaint, prior to the commencement of…
2Cases cited1 opinion
- Soule v. AlbeeSupreme Court of Vermont · 1858
3Cited by1 opinion
- Lockwood v. WhiteSupreme Court of Vermont · 1893