Davenport v. John G. Shants & Co.
Supreme Court of Vermont
Petition for foreclosure of a mortgage. The petition sets forth a mortgage, executed by John. G. Shants & Co., to the petitioner, October 13th, 1866, of a mill and factory and tannery in Sears-burg, with 200 acres of land, and three dwelling-houses thereon.
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Petition for foreclosure of a mortgage. The petition sets forth a mortgage, executed by John. G. Shants & Co., to the petitioner, October 13th, 1866, of a mill and factory and tannery in Sears-burg, with 200 acres of land, and three dwelling-houses thereon. “ And also the factory, then in process of erection on the site of said Searsburg tannery, with the saw-mill, water-wheels, and all the machinery and shafting in said factory,” to secure a note of $1000. The petition then sets forth the execution by Shants & Co., and the purchase by the petitioner, of another mortgage on the same premises,…
1Opinion of the Court
The opinion of the court was delivered by
Peck, J.
The bill having been taken as confessed as to all the defendants except Henry G. Root, and he alone defending, the only question is as to the right of the orator, under his mortgage from Shants & Co., to that portion of the property sold conditionally by Root to the said mortgagors.
The bill, and answer of Root, in connection with the written stipulation of the parties on file, leave no dispute as to the material *551facts in the case, and no time need be spent in repeating the facts thus agreed.
It must be regarded as settled as a general rule in…
2Cited by14 opinions
- Merchants' National Bank of Crookston v. StantonSupreme Court of Minnesota · 1893
- Union Bank & Trust Co. v. Fred W. Wolf Co.Tennessee Supreme Court · 1904
- Robertson v. CorsettMichigan Supreme Court · 1878
- Paine v. McDowellSupreme Court of Vermont · 1898
- Wickes Bros. v. HillMichigan Supreme Court · 1897
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