Howard v. Clark
Supreme Court of Vermont
Chancery. The case came on for hearing upon pleadings and master’s report, at the March term, 1899, Chittenden county, before Taft, Chancellor, who rendered a pro-forma decree dismissing the bill as to defendant Teachout with costs and without prejudice, and for the orator against the other defendants. The defendants Clark appealed.
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Chancery. The case came on for hearing upon pleadings and master’s report, at the March term, 1899, Chittenden county, before Taft, Chancellor, who rendered a pro-forma decree dismissing the bill as to defendant Teachout with costs and without prejudice, and for the orator against the other defendants. The defendants Clark appealed. This was a petition to set aside the mortgage of defendant Jed P. Clark to Henry O. Clark and the quitclaim deed of Jed P. to the orator, to foreclose the mortgage of Jed P. to the orator, and to enjoin the defendant Teachout from conveying the premises. December…
1Opinion of the CourtWatson, J.
The orator’s mortgage covers only the “Barnum Farm;” and the mortgage to the defendant Henry O. Clark covers land described in the deed as “all lands owned by said Jed P. Clark between Lamoille river and the highway running from the residence of C. D. Ladd to the foot of the hill at Milton Lower Falls, so called.” The master has found that the description in the mortgage to Henry O. was much more extensive than the limits of the “Barnum Farm,” but included it, and was so understood by the parties. This finding is conclusive, and the mortgage must be construed and considered accordingly.
The…
2Cases cited4 opinions
- Walker, Smith & Co. v. BaxterSupreme Court of Vermont · 1854
- Proctor v. ThrallSupreme Court of Vermont · 1850
- Belknap v. DennisonSupreme Court of Vermont · 1889
- Carpenter v. GleasonSupreme Court of Vermont · 1885
3Cited by8 opinions
- Van Dyke v. ColeSupreme Court of Vermont · 1908
- Island Pond National Bank v. LacroixSupreme Court of Vermont · 1932
- Cooper v. GobleMontana Supreme Court · 1926
- Gleason v. CarpenterSupreme Court of Vermont · 1902
- Losleben v. LoslebenSupreme Court of Minnesota · 1937
3 more not listed; retrieve them via the Exa API.