Legal Opinion

Gordon v. Deavitt

Supreme Court of Vermont

Decided January 8, 1912PublishedCited by 8 opinions

Appeal in Chancery, Washington County, September Term, 1910. Heard on the mandate of the Supreme Court recited in 84 Vt. 59, and on defendant’s motion for leave to file an answer. Motion overruled and decree of foreclosure for the orators in accordance with said mandate. Defendant Thomas J. Deavitt appealed.

1Opinion of the CourtWatson, J.

The mandate from this Court (84 Vt. 59, 78 Atl. 113) directed that the homestead be set out in accordance with the provisions of the statute, and that the remainder of the premises be appraised, and that the defendants pay for the benefit of the orators the amount of said appraisal, or a part thereof equal to the amount of the redemption, payment and interest, with costs, by a day to be fixed by said court, or be foreclosed. These directions were obligatory upon the court of chancery, and proceeding under them, it was not within the power of that court to allow further proceedings on the…

2Cases cited4 opinions

  1. Wheeler v. WillardSupreme Court of Vermont · 1871
  2. Phelps v. RootSupreme Court of Vermont · 1906
  3. Gordon v. DeavittSupreme Court of Vermont · 1910
  4. Sheldon v. ClemmonsSupreme Court of Vermont · 1909

3Cited by8 opinions

  1. McAllister v. BenjaminSupreme Court of Vermont · 1923
  2. Barclay v. Wetmore & Morse Granite Co.Supreme Court of Vermont · 1920
  3. Dailey v. Town of LudlowSupreme Court of Vermont · 1929
  4. Hopkins v. Sargent's EstateSupreme Court of Vermont · 1914
  5. Sheldon v. LittleSupreme Court of Vermont · 1940

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