Ladd v. Campbell
Supreme Court of Vermont
[In Chancery.] Petition to foreclose a mortgage. Heard on petition, answers, replication, and proofs, September Term, 1881. Eoyce, Chancellor, decreed a foreclosure. The mortgage was discharged. The assignment was not recorded; and the case shows that the defendants had no knowledge of the petitioners’ claim, and that there was nothing to put them on inquiry. The defendants are bona-fide purchasers of the property.
Read the full summary
[In Chancery.] Petition to foreclose a mortgage. Heard on petition, answers, replication, and proofs, September Term, 1881. Eoyce, Chancellor, decreed a foreclosure. The mortgage was discharged. The assignment was not recorded; and the case shows that the defendants had no knowledge of the petitioners’ claim, and that there was nothing to put them on inquiry. The defendants are bona-fide purchasers of the property. The petitioners are not entitled to a decree. lorry v. Peavitt, 53 Yt. 331; Gregory v. Savage, 32 Conn. 251; 1 Jones Mort. 472, 814, 820; Pecker v. Boice, 83 N. Y-215; 87 N. Y. 446…
1Opinion of the Court
The opinion of the court was delivered by
TÁit,‘J.
The defendants, Nelson and Bradish, allege in their answer that the mortgage sought to be foreclosed in these proceedings was legally discharged by the mortgagee at the time of their purchase of the premises ; that they paid for the same at the time of the conveyance ; that the purchase was made in good faith and the property paid for before any notice to them of the rights of the petitioners. When John Campbell transferred the notes in question to the petitioner Ladd, lie made no transfer of the mortgage deed, and afterwards when the…
2Cases cited1 opinion
- Torrey v. DeavittSupreme Court of Vermont · 1881
3Cited by11 opinions
- Moran v. WheelerTexas Supreme Court · 1894
- Donaldson v. GrantUtah Supreme Court · 1897
- Swasey v. EmersonMassachusetts Supreme Judicial Court · 1897
- In Re Vermont Fiberglass, Inc.United States Bankruptcy Court, D. Vermont · 1984
- Wood v. SparksTexas Commission of Appeals · 1933
6 more not listed; retrieve them via the Exa API.