Darling v. Osborne
Supreme Court of Vermont
Petition for Foreclosure. The petition, which was filed at the June Term, 1876, Caledonia County, by Darling alone, alleged that on June 8, 1871, defendant Osborne executed to the Montpelier & Wells River Railroad Company a mortgage of certain land in Groton, described therein as “ lots number twenty-five, seventy-six, seventy-three, and sixty-two, supposed to contain one hundred acres each, more or less,” and further described by reference to a deed of the same date of the…
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Petition for Foreclosure. The petition, which was filed at the June Term, 1876, Caledonia County, by Darling alone, alleged that on June 8, 1871, defendant Osborne executed to the Montpelier & Wells River Railroad Company a mortgage of certain land in Groton, described therein as “ lots number twenty-five, seventy-six, seventy-three, and sixty-two, supposed to contain one hundred acres each, more or less,” and further described by reference to a deed of the same date of the same land from said company to Osborne ; that said mortgage was conditioned for the payment of Osborne’s promissory note…
1Opinion of the Court
The opinion of the court was delivered by
Dunton, J.
We are not satisfied, from the evidence, that the Montpelier & Wells River Railroad Company had no title to lot No. 62 at the date of their conveyance to Osborne. Although Hooper, their grantor, had no other record title to said lot than a tax title *156to an undivided portion thereof, which was defective, it does not appear from the evidence but that his possessory title to the whole of said lot was sufficient to hold it as against everybody else but the original proprietor and his heirs ; and this the said railroad company acquired by their…
2Cases cited5 opinions
- Miller v. ChittendenSupreme Court of Iowa · 1856
- Nichols v. CooperWest Virginia Supreme Court · 1867
- Cook v. ManciusNew York Court of Chancery · 1821
- People's Bank v. Hamilton Manufacturing Co.New York Court of Chancery · 1843
- Stimson v. LewisSupreme Court of Vermont · 1863
3Cited by8 opinions
- Paine v. . UptonNew York Court of Appeals · 1882
- Barnes v. Union Pac. Ry. Co.Court of Appeals for the Eighth Circuit · 1893
- Flint Et Ux. v. Davis Et Ux.Supreme Court of Vermont · 1939
- Butt v. SmithWisconsin Supreme Court · 1904
- Trudeau v. LussierSupreme Court of Vermont · 1963
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