Barrett v. Sargeant
Supreme Court of Vermont
Appeal from the court of chancery. The orator alleged in his bill, in substance, that, on the twenty fifth day of September, 1833, Robert Barrett conveyed certain lands to Edward Manning by deed of mortgage, to secure the payment of four promissory notes due from the said Robert to Manning; that some time in the year 1834, and before any part of the notes was paid, Manning sold and transferred all the notes to Ezra Woodworth, and at the same time, by parol contract, assigned…
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Appeal from the court of chancery. The orator alleged in his bill, in substance, that, on the twenty fifth day of September, 1833, Robert Barrett conveyed certain lands to Edward Manning by deed of mortgage, to secure the payment of four promissory notes due from the said Robert to Manning; that some time in the year 1834, and before any part of the notes was paid, Manning sold and transferred all the notes to Ezra Woodworth, and at the same time, by parol contract, assigned to Woodworth the mortgage deed from Robert Barrett, of all which Robert Barrett had due notice; that Woodworth died in…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
It is alleged in the bill, that one Robert Barrett, being, in September, 1833, the owner of a certain tract of land, mortgaged the same to one Edward Manning, to secure four promissory notes, and that Manning assigned these notes, before any payment was made upon them, to one Ezra Woodworth, accompanied with a parol agreement, that Woodworth should have the benefit of the mortgage; that in May, 1839, the mortgagor (Robert Barrett) conveyed the mortgaged premises to the orator, who assumed, as between himself and the mortgagor, to pay the…
2Cited by6 opinions
- L. Paul Dieffenbach, Jr. v. Attorney General of Vermont, Hazel M. Stevenson, Robert B. Young, First National Bank of Orwell, Inc.Court of Appeals for the First Circuit · 1979
- McClain v. BattonWest Virginia Supreme Court · 1901
- Olmstead v. AbbottSupreme Court of Vermont · 1888
- Gilfillan's Admr. v. BixbySupreme Court of Vermont · 1927
- Ordway v. FarrowSupreme Court of Vermont · 1906
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