Farmers & Mechanics' Bank v. Drury
Supreme Court of Vermont
Petition for foreclosure of a mortgage. The bill states that Jacob K. Drury, on the 29th day of May, A. D. 1861, duly executed to the petitioners a mortgage deed of certain described land situated in the town of Essex, in the county of Chittenden, conditioned for the payment of the sum of all and every sum Drury then owed the petitioners, whether as acceptor or drawer, as well as all amounts that Drury then owed them for loans, discounts, or otherwise, whether overdue then…
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Petition for foreclosure of a mortgage. The bill states that Jacob K. Drury, on the 29th day of May, A. D. 1861, duly executed to the petitioners a mortgage deed of certain described land situated in the town of Essex, in the county of Chittenden, conditioned for the payment of the sum of all and every sum Drury then owed the petitioners, whether as acceptor or drawer, as well as all amounts that Drury then owed them for loans, discounts, or otherwise, whether overdue then or thereafter to mature ; aud that Drury then owed the petitioners three described bills of exchange, on which payment…
1Opinion of the Court
The opinion of the court was delivered by
Steele^ J.
The question is whether the deed “A” from Drury to the Missisquoi Bank had been so delivered and accepted as to convey title before the orators obtained their deed.
I. We are satisfied, and it seems to be agreed, that when Drury sent the deed marked “A” by Mr. Beach to the town clerk’s to be recorded he intended, to deljver it. What the effect of this would be alone we do not decide. If, in addition to this, Mr. Drury had employed Beach to proceed directly from the town clerk’s to the Missisquoi Bank to inform the ^officers of the bank of the…
2Cited by1 opinion
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