Mott v. Harrington
Supreme Court of Vermont
The orator, in his bill, alleged, that on the sixth day of May, 1832, he executed a deed to the defendant, in due form of law, containing covenants of seizin and warranty, of lots No. 49, 50 and 51 in the second range of lots in the town of Alburgh, and lots No. 8,9,10,11 and 12 in the first range of lots in said Alburgh, to secure to the defendant a sum of money then due to him, and also to secure to one Heman Allen a sum of money then due to him, and further to secure the…
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The orator, in his bill, alleged, that on the sixth day of May, 1832, he executed a deed to the defendant, in due form of law, containing covenants of seizin and warranty, of lots No. 49, 50 and 51 in the second range of lots in the town of Alburgh, and lots No. 8,9,10,11 and 12 in the first range of lots in said Alburgh, to secure to the defendant a sum of money then due to him, and also to secure to one Heman Allen a sum of money then due to him, and further to secure the said Allen and the defendant, who were attorneys at law and solicitors in chancery, and engaged by the orator in…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, Chancellor.
— The bill in this case is predicated upon the ground that the deed from the orator to the defendant, though absolute upon the face of it, is to be regarded as *203a mortgage, and the orator’s object in bringing this suit, is, to be let in to redeem. Is this view of the subject sustained by the evidence, and is the plaintiff entitled to redeem ? The deed, it is true, bears date the 4th of May, 1832, and the date of its acknowledgment is the 5th, and the bond, wherein the defendant is bound to convey the premises to the orator, bears…
2Cited by5 opinions
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- Stanton v. HaskinDistrict of Columbia Court of Appeals · 1874
- Laws v. WoodCourt of Appeals of Kentucky · 1877
- Wells v. HoustonSupreme Court of Vermont · 1864