Stafford v. Adair
Supreme Court of Vermont
Bill to foreclose a mortgage. Heard on demurrer to the bill, September Term, 1884, Ybazey, Chancellor. Demurrer sustained. The bill alleged, that the mortgage was “prepared upon an ordinary real estate form of deed.” The mortgagor was a tenant at will, and had an interest which he could mortgage. It was a mortgage of realty. Griffin v. Marine Co. of Chicago, 52 111. Ill, 130; 1 Jones Mort. ss. 143, 146; Hagar y.
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Bill to foreclose a mortgage. Heard on demurrer to the bill, September Term, 1884, Ybazey, Chancellor. Demurrer sustained. The bill alleged, that the mortgage was “prepared upon an ordinary real estate form of deed.” The mortgagor was a tenant at will, and had an interest which he could mortgage. It was a mortgage of realty. Griffin v. Marine Co. of Chicago, 52 111. Ill, 130; 1 Jones Mort. ss. 143, 146; Hagar y. Brainerd, 44 Yt. 394; Putnam v. Westcott, 19 Johns. 73; Eastman v. Foster, 8 Met. 19; 43 Yt. 730; R. L. ss. 1565, 1933-37; 1 Hill. Real Prop. 383-6; Cheever v. Pearson, 16 Pick. 366.…
1Opinion of the Court
The opinion of the court was delivered by
Royce, Ch. J.
This was a bill brought to foreclose a mortgage executed by the defendant Adair to the orator, on the *6527th of September, 1880, to secure the payment of a note of that date for the sum of $500.00 and interest. The property described in the mortgage consisted of a certain shop, situated just north of the depot in Wallingford village of the Bennington and Rutland Railroad, and being the same shop in which the mortgagor manufactured monuments, tombstones, and like marble work; also all the tools and machinery for said business, work on hand,…
2Cases cited1 opinion
- Griffin v. Marine Co.Illinois Supreme Court · 1869
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- Consolidated Warehouse Co. v. SmithCourt of Appeals of Georgia · 1937
- In re Rogers & WoodwardDistrict Court, D. Vermont · 1904
- Blanchard v. BowersSupreme Court of Vermont · 1895