Legal Opinion

Pope v. Henry

Supreme Court of Vermont

Decided September 15, 1852PublishedCited by 15 opinions

Appeal from the court of chancery. The court of chancery decreed that the bill be dismissed, and that the defendants therein, respectively recover their costs. From this decree the orator appealed.

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Appeal from the court of chancery. The court of chancery decreed that the bill be dismissed, and that the defendants therein, respectively recover their costs. From this decree the orator appealed. Bill alledges the indebtedness of the Gneiss Bottom Manufacturing Company, to the assignors of the orator, and that said Company executed to them, a mortgage of certain land in Weathers-field, on the 22d day of September, 1829; the company name altered to the Perkinsville Manufacturing Company; the estate conveyed by the guardian of certain infants, to the company, and by them mortgaged back to…

1Opinion of the Court

The opinion of the court was delivered by

Redfield, J.

This is a bill brought in favor of a second assignee, (after one foreclosure,) to foreclose two certain mortgages against certain persons, not included in the former bill and decree. A very great number of important questions are raised upon both sides, which the court have not deemed it important to consider, there being other questions, which are decisive of the rights of the parties.

The first mortgage, which dates as far back as September, 1829, not having been executed, according to the statute then in force, as is obvious, and admitted…

2Cases cited3 opinions

  1. Isham v. Bennington Iron Co.Supreme Court of Vermont · 1847
  2. Hall v. ChaffeeSupreme Court of Vermont · 1841
  3. Rublee v. MeadSupreme Court of Vermont · 1830

3Cited by15 opinions

  1. Metcalf v. HartWyoming Supreme Court · 1891
  2. Quinn v. ValiquetteSupreme Court of Vermont · 1908
  3. Flickinger v. ShawCalifornia Supreme Court · 1890
  4. Aldrich v. GriffithSupreme Court of Vermont · 1893
  5. Pope v. HoganSupreme Court of Vermont · 1918

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