Spaulding v. Crane
Supreme Court of Vermont
- Appeal from the court of chancery. The petition alleged that Hiland Hall, late of Bristol, deceased, on. the 26th of August, 1867, duly executed to the orator a mortgage deed of a lot of land, with a house thereon partly finished, situate in the village of Bristol, to secure the orator for what money, lumber, and materials he had advanced to tho said Hall towards tho erection of said house, and what he should advance within two years thereafter; that there was about $1,000…
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- Appeal from the court of chancery. The petition alleged that Hiland Hall, late of Bristol, deceased, on. the 26th of August, 1867, duly executed to the orator a mortgage deed of a lot of land, with a house thereon partly finished, situate in the village of Bristol, to secure the orator for what money, lumber, and materials he had advanced to tho said Hall towards tho erection of said house, and what he should advance within two years thereafter; that there was about $1,000 due on said mortgage ; that the said Hiland Hall deceased some time in the year 1861; that the said Crane was his…
1Opinion of the Court
The opinion of the court was delivered by
Wheeler, J.
I. From the pleadings and evidence in this case, it is clear that at the time when Ililaud Hall, the intestate, executed the mortgage to the orator, he resided at the place called the Chase place, away from the premises in controversy, and not on those premises, although he was then iu possession of them, preparing them for a home, and afterwards did actually reside upon them. The most important question in the case is, whether under these circumstances, the intestate could at that time mortgage the promises, without his wife joining with…
2Cases cited5 opinions
- McClary v. BixbySupreme Court of Vermont · 1863
- West River Bank v. GaleSupreme Court of Vermont · 1869
- Davis v. AndrewsSupreme Court of Vermont · 1858
- Walker v. KingSupreme Court of Vermont · 1872
- Lamb v. MasonSupreme Court of Vermont · 1873
3Cited by8 opinions
- Currier v. WoodwardSupreme Court of New Hampshire · 1882
- Smith v. BunnSupreme Court of Missouri · 1882
- Wayne International Building & Loan Ass'n v. MoatsIndiana Supreme Court · 1897
- Keyes v. Bump's Adm'rSupreme Court of Vermont · 1887
- Thorpe Block Saving & Loan Ass'n v. JamesIndiana Court of Appeals · 1895
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