Jamaica Savings Bank v. Howard's
Supreme Court of Vermont
Arread in Chancery. Heard on pleadings and master’s report at the April Term; 1905, Windham County, Tyler, Chancellor. Decree for the orator, including the item of ■taxes. The defendants appealed. On December 14, 1858, Jared Howard was the owner of what is here called the “Home Farm,” then occupied by himself and wife as a homestead in the toWn of Jamaica.
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Arread in Chancery. Heard on pleadings and master’s report at the April Term; 1905, Windham County, Tyler, Chancellor. Decree for the orator, including the item of ■taxes. The defendants appealed. On December 14, 1858, Jared Howard was the owner of what is here called the “Home Farm,” then occupied by himself and wife as a homestead in the toWn of Jamaica. He was ■also owner of another piece of land called the “Banyard Pasture,” situated not'far from the “Home Farm,” but not adjoining it. On that day Jared and his wife conveyed the farm and the pasture to their son Obediah Howard, and Obediah…
1Opinion of the CourtWatson, J.
The mortgage conditioned for the support, etc., of Taft Howard w'as the first incumbrance on the “Home Farm” and on the “Banyard Pasture.” The orator’s mortgage was a subsequent incumbrance covering the “Home Farm” only. By this mortgag-e, however, the whole estate of the farm was granted with warranty. This is manifest from the fact that the clause showing the land to< be subject to a life lease or mortgage for the support of Taft Howard is in a paragraph independent of the description of the premises granted, and that the mortgage contains full covenants .unmodified by reason thereof,…
2Cases cited5 opinions
- Lyman v. LymanSupreme Court of Vermont · 1859
- Abbott v. SmithSupreme Court of New Hampshire · 1887
- Root v. CollinsSupreme Court of Vermont · 1861
- Deavitt v. JudevineSupreme Court of Vermont · 1887
- Fulton v. AldrichSupreme Court of Vermont · 1904