Miller v. Hamblet
Supreme Court of Vermont
Ejectment, to recover certain land in Worcester. Judgment having been rendered’in favor of the plaintiff, by the county court, the defendant filed a motion, setting forth, that this action was founded upon a quit claim deed from the defendant to the plaintiff of the land in question, dated Oct. 5, 1835, given to secure to the plaintiff a debt due him, from the defendant: — that at the time of the execution of said deed, the plaintiff executed and delivered to the-defendant a…
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Ejectment, to recover certain land in Worcester. Judgment having been rendered’in favor of the plaintiff, by the county court, the defendant filed a motion, setting forth, that this action was founded upon a quit claim deed from the defendant to the plaintiff of the land in question, dated Oct. 5, 1835, given to secure to the plaintiff a debt due him, from the defendant: — that at the time of the execution of said deed, the plaintiff executed and delivered to the-defendant a writing which is as.follows ;— “ This may certify, that I will quit claim a piece of land, “this day deeded to me by…
1Opinion of the Court
The opinion of the court was drawn up by
Redfied, J.
It is not necessary to inquire how far the *500present case is one of an equitable mortgage. Doubtless it would be so considered in a court of equity. But whether it can be so far regarded in that light, at law, as to allow the defendant, in an action of ejectment, time to redeem, and thus, upon failure, foreclose his equity, must be determined upon the statute giving courts of law that power. The words of the act are “ that in all cases brought to recover on the forfeiture of real estate, granted upon condition, by deed of mortgage, or bargain…
2Cited by2 opinions
- Olcott v. DunkleeSupreme Court of Vermont · 1844
- Jacobs v. JewettSupreme Court of Vermont · 1960