Ballantine & Sons v. Fenn
Supreme Court of Vermont
Appeal in Chancery. Heard on the pleadings, master’s report and exceptions thereto by Etta M. Fenn, at the March Term, 1910, Rutland County, Hall, Chancellor. Exceptions overruled, and decree for the petitioner. Etta M. Fenn appealed. The mortgaged premises were the property of the wife, and she signed both the mortgage and the note secured thereby, the note being for her husband’s debt.
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Appeal in Chancery. Heard on the pleadings, master’s report and exceptions thereto by Etta M. Fenn, at the March Term, 1910, Rutland County, Hall, Chancellor. Exceptions overruled, and decree for the petitioner. Etta M. Fenn appealed. The mortgaged premises were the property of the wife, and she signed both the mortgage and the note secured thereby, the note being for her husband’s debt. The judgment in bankruptcy consisted of the allowance of that note by the court of bankruptcy as a claim proved by the mortgagee against the husband’s estate in bankruptcy. It was error to admit proof of the…
1Opinion of the CourtPowers, J.
This is a petition in behalf of a New York corporation to foreclose a mortgage on certain premises in Rut-land given by a wife as surety for her husband, — the latter' joining in the conveyance. The husband, Frederick Fenn, was subsequently adjudged a bankrupt, and the petitioner presented its claim against him in the Court of Bankruptcy, and without fraud or collusion, there obtained a judgment for a eertain sum against Fenn. The only question here involved is the amount due in equity under the mortgage; and as the case is presented this depends upon the admissibility and effect of the…
2Cases cited5 opinions
- Fletcher v. JacksonSupreme Court of Vermont · 1851
- Chamberlain v. GodfreySupreme Court of Vermont · 1863
- Bradley v. ChamberlinSupreme Court of Vermont · 1862
- Bramble v. Town of PoultneySupreme Court of Vermont · 1839
- Tute v. JamesSupreme Court of Vermont · 1877
3Cited by9 opinions
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- Kramer v. MorganCourt of Appeals for the Second Circuit · 1936
- Costello v. BridgesWashington Supreme Court · 1914
- In re the Estate of GellisNew York Surrogate's Court · 1931
- County of Martin v. KampertSupreme Court of Minnesota · 1915
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