Chittenden v. Barney
Supreme Court of Vermont
In Chancery. The former -of these causes was a bill to foreclose a mortgage which Barney had executed to Chittenden on the first day of January , 1817, to .secure the payment of a promisory note of that date for eleven hundred and sixteen dollars and sixty six cents; it being stated 'that Howe had subsequently purchased the estate of Barney in a part of the mortgaged premises.
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In Chancery. The former -of these causes was a bill to foreclose a mortgage which Barney had executed to Chittenden on the first day of January , 1817, to .secure the payment of a promisory note of that date for eleven hundred and sixteen dollars and sixty six cents; it being stated 'that Howe had subsequently purchased the estate of Barney in a part of the mortgaged premises. The latter was a cross bill in which Howe stated the mortgaged premises to consist of a farm of land, called the BurrHubbell farm of about 106 acres, and certain carding and clothing works all in the town of Jerico. He…
1Opinion of the Court
Rotce, Ch.
delivered the opinion of the Court. The-court recognize the doctrine of equity that when a charge or burthen rests upon distinct funds or portions of property, and h third person becómes interested in one of them, he has a right to throw the burthen upon the other fund or estate, if the interests of the incumbrancer are not thereby impaired; or upbn discharging the incumbrance, to have an assignment of the prior securities ; or to have the burthen apportioned upon the several parts óf the property charged, so that his share may be preserved to him on discharging a just proportion of…
2Cited by2 opinions
- Lyman v. LymanSupreme Court of Vermont · 1859
- Town of Salem v. EdgerlySupreme Court of New Hampshire · 1856