Johnson v. Valido Marble Co.
Supreme Court of Vermont
Bill in chancery to foreclose a lien in the nature of a mortgage. Heard upon bill, answers, and a master’s report at the September term, 1891. Thompson, Chancellor, dismissed the billpro forma. The oratrix appeals.
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Bill in chancery to foreclose a lien in the nature of a mortgage. Heard upon bill, answers, and a master’s report at the September term, 1891. Thompson, Chancellor, dismissed the billpro forma. The oratrix appeals. From the master’s report the following facts appear: In the year 1884 the premises in question were owned by one Adams, who, on the 1st day of July in that year conveyed the same to the Yalido Marble Company by deed conditioned for the payment of certain promissory notes. On the 18th day of December, 1885, Adams began an action at law against the Yalido Company and attached the…
1Opinion of the Court
The opinion of tlie court was delivered by
MUNSON, J.
The complainant’s interest in the premises sought to be foreclosed was derived from one Adams, who held a first mortgage of the property, and obtained a decree thereon, which became absolute. The suit is defended on behalf of the holders of bonds secured by a mortgage subsequent to that of Adams. No question is made but that the complainant obtained by her deed from Adams’ grantee security to the amount of the Adams decree. The claim is that as to the bondholders this demand was satisfied by the payment of insurance money.
*348The agreement in…
2Cases cited2 opinions
- Farmers' & Mechanics' Bank v. Champlain Transportation Co.Supreme Court of Vermont · 1851
- Kopper v. DyerSupreme Court of Vermont · 1887
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