Deavitt v. Ring
Supreme Court of Vermont
Appear in Chancery. Heard on demurrer to' supplemental bill at the March Term, 1903, Washington County, Stafford, Chancellor. Decree, pro forma, sustaining the demurrer, and dismissing the bill. The orator appealed. All the facts in this case are fully stated in the opinion of the Court in Deavitt v. Ring, Admr., et ail., 74 Yt. 431, supplemented by the statement in the opinion in this case.
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Appear in Chancery. Heard on demurrer to' supplemental bill at the March Term, 1903, Washington County, Stafford, Chancellor. Decree, pro forma, sustaining the demurrer, and dismissing the bill. The orator appealed. All the facts in this case are fully stated in the opinion of the Court in Deavitt v. Ring, Admr., et ail., 74 Yt. 431, supplemented by the statement in the opinion in this case. Cancellation under a mistake is no cancellation, and the doctrine that a mistake, whether of law or fact, annuls a cancellation of a will or a deed is now firmly established. Perron v. Perrott, 14 East…
1Opinion of the CourtStart, J.
When this case was before this Court, as-reported in 74 Vt. 431, it was held, on the facts as there reported, that the grantee of that undivided half of the premises which has become chargeable with the payment of a mortgage covering the whole premises, as shown by the record in the town clerk’s office, is not entitled to- subrogation to-the rights of the mortgagee, upon redemption of the mortgage by his grantor with funds furnished by him. The material facts since brought upon the record by way of supplemental bill, which is demurred to, are to the effect, that the-orator believed that a…
2Cases cited11 opinions
- Hunt v. Rousmanier's AdministratorsSupreme Court of the United States · 1823
- Storrs v. BarkerNew York Court of Chancery · 1822
- McDaniels v. President of the Bank of RutlandSupreme Court of Vermont · 1857
- Kleimann v. GieselmannSupreme Court of Missouri · 1893
- Dill v. ShahanSupreme Court of Alabama · 1854
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3Cited by1 opinion
- Page v. CaveSupreme Court of Vermont · 1919