Legal Opinion

Ascutney Bank v. McK Ormsby

Supreme Court of Vermont

Decided March 15, 1856PublishedCited by 8 opinions

Assumpsit. " The declaration alleged that the plaintiffs offered for sale at public auction a piece of real estate in Bradford, the conditions of the sale being that one-third of the purchase money should be paid down, and satisfactory security given for the remainder, payable one-half in one, and the other half in two years, upon the furnishing of which, by a given day, a deed and the possession of the premises was to be given; that the defendant was the highest bidder for,…

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Assumpsit. " The declaration alleged that the plaintiffs offered for sale at public auction a piece of real estate in Bradford, the conditions of the sale being that one-third of the purchase money should be paid down, and satisfactory security given for the remainder, payable one-half in one, and the other half in two years, upon the furnishing of which, by a given day, a deed and the possession of the premises was to be given; that the defendant was the highest bidder for, and was declared the purchaser; that the defendant did pay one-third part of the purchase money, but did not and would…

1Opinion of the Court

The opinion of the court was delivered, at the circuit session in October, by

Isham, J.

It is unnecessary to say, in this ease, what would have been the plaintiffs’ right, had they instituted proceedings to recover the possession of the premises, or to avoid the deed which, it is admitted by the demurrer, was fraudulently obtained from them and placed on record. The plaintiffs had the right to waive the tort under which the deed was obtained, and treat the premises as having been conveyed under their contract. It is not for the defendant to object to that course, or claim any advantages he…

2Cases cited4 opinions

  1. Wilkinson v. ScottMassachusetts Supreme Judicial Court · 1821
  2. Bowen v. BellNew York Supreme Court · 1823
  3. Hibbard v. WhitneySupreme Court of Vermont · 1841
  4. Davis v. FarrSupreme Court of Vermont · 1854

3Cited by8 opinions

  1. Love v. Kirkbride Drilling & Oil Co.Supreme Court of Oklahoma · 1913
  2. Roussel v. RussellSupreme Court of Oklahoma · 1959
  3. King v. SmithSupreme Court of Vermont · 1860
  4. Bedell v. TracySupreme Court of Vermont · 1892
  5. Dyer v. GravesSupreme Court of Vermont · 1864

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