Hubbard v. Ascutney Mill Dam Co.
Supreme Court of Vermont
In Chancery. Appeal from the court of chancery. The Ascutney Mill Dam Company, a private corporation, being indebted to one Alfred Hall in about the sum of $500,00, mortgaged to him certain land. Subsequently, being indebted to the orator, Jonathan II.
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In Chancery. Appeal from the court of chancery. The Ascutney Mill Dam Company, a private corporation, being indebted to one Alfred Hall in about the sum of $500,00, mortgaged to him certain land. Subsequently, being indebted to the orator, Jonathan II. Hubbard, and to the defendants Wardner, Campbell and Isaac W. Hubbard, respectively, in various sums, the corporation mortgaged to them, by one instrument, the same premises previously mortgaged to Hall,' — . to be held by them, as tenants in common, in the proportion of the amount of their several claims specified in the mortgage. Previous to…
1Opinion of the Court
The opinion of the court was delivered by
Hall, J.
This is a bill in equity, brought by the assignee of a mortgage against the mortgagor and subsequent mortgagees, praying for a decree of foreclosure. A decree of foreclosure is resisted by Wardner and Hubbard, two of the subsequent mortgagees, who insist, that their peculiar relation to the complainant is such, as to prevent his being entitled to such a decree against them.
The general doctrines of equity, in regard to several owners of an equity of redemption, have not been much controverted in the argument ; and they indeed appear to be quite…
2Cases cited1 opinion
- Rogers v. RogersNew York Court of Chancery · 1828
3Cited by9 opinions
- Harding v. GillettSupreme Court of Oklahoma · 1909
- Lamb v. MontagueMassachusetts Supreme Judicial Court · 1873
- Binning v. Miller, Water Division SuperintendentWyoming Supreme Court · 1940
- Frisbee v. FrisbeeSupreme Judicial Court of Maine · 1894
- Wilmot v. LathropSupreme Court of Vermont · 1895
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