Daggett v. Town of Mendon
Supreme Court of Vermont
Action of covenant. Pleas, the general issue and in bar. Trial by jury at tbe September term, 1891, Start J., presiding. At the close of tbe plaintiff’s testimony tbe court directed a verdict for tbe defendant. Tbe plaintiff excepts. The opinion states tbe facts. When tbe decree of foreclosure became absolute, tbe entire estate vested in tbe defendant and tbe covenants in tbe first deed were extinguished.
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Action of covenant. Pleas, the general issue and in bar. Trial by jury at tbe September term, 1891, Start J., presiding. At the close of tbe plaintiff’s testimony tbe court directed a verdict for tbe defendant. Tbe plaintiff excepts. The opinion states tbe facts. When tbe decree of foreclosure became absolute, tbe entire estate vested in tbe defendant and tbe covenants in tbe first deed were extinguished. Littleton, s. 743 ; Coke upon Litt. 490, a; Preston, Touchstone, 201; Raw. Oov., 223 ; Brown v. Metz, 33 111. 339 ; Silverman v. Loomis, 104 111. 137; Goodel v. Bennett, 22 Wis. 565.
1Opinion of the Court
*324'The opinion of the court was delivered by
TYLER, J.
The material facts that had appeared at the conclusion of the plaintiff’s testimony, when the defendant moved for a verdict, are as follows : In July, 1872, the defendant town, for the'consideration of $1000, by a warranty deed, conveyed to the plaintiff a tract of land situated in that town of which it claimed to have title, and the plaintiff at the same time mortgaged the land to the defendant to secure the payment of $800 of the purchase price, as specified in his four promissory notes of $200 each, payable in different years. At the March…
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