Woodward v. Cowdery
Supreme Court of Vermont
Bill in Chancery. The bill alleged that David W. Cowdery on the 26th of April, 1856, was indebted to Lyman Benson in the sum of $780, specified in three promissory notes, each dated April 26, 1856, payable one in six, one in twelve and one in eighteen months from date, with interest annually ; that in order to secure the payment of the same said Cowdery and his wife, Clarissa Cowdery, on said 26th of April, mortgaged certain lands in Roy-alton to said Benson ; that said…
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Bill in Chancery. The bill alleged that David W. Cowdery on the 26th of April, 1856, was indebted to Lyman Benson in the sum of $780, specified in three promissory notes, each dated April 26, 1856, payable one in six, one in twelve and one in eighteen months from date, with interest annually ; that in order to secure the payment of the same said Cowdery and his wife, Clarissa Cowdery, on said 26th of April, mortgaged certain lands in Roy-alton to said Benson ; that said Benson deceased about the 29th of March, 1860, and the orator was duly appointed administrator of said Benson’s estate; that…
1Opinion of the Court
The opinion of the court was delivered by
Wilson, J.
The principal questions in this case, are, 1st, whether the alleged agreement between Carpenter and Lyman Benson was entered into by which Benson should have the right to redeem the property after the expiration of the time fixed by the decree. 2d, whether Hyde purchased said decree and property without notice of the alleged right of the estate of Benson to redeem the premises, or whether Hyde, as a subsequent mortgagee, merely paid the decree and thereby redeemed the property under it in order to protect and save his subsequent mortgage…
2Cited by3 opinions
- Phelps v. RootSupreme Court of Vermont · 1906
- Wemple v. Yosemite Gold Mining Co.California Court of Appeal · 1906
- Meehan v. BessetteSupreme Court of Vermont · 1937