Wooley v. Chamberlain
Supreme Court of Vermont
[In Chancery.] Appeal from the court of chancery. The orator alledged in his bill, that Heber Chamberlain being indebted to one Solon Clark, in Rochester, Vermont, for eleven hundred dollars, (specifying the notes,) to secure the amount, on the 6th day of September, 1841, made mortgage of certain lands in said Rochester, — being the farm which said Clark had that day conveyed to the said Heber Chamberlain; that on the 16th day of October, 1848, said Clark assigned the…
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[In Chancery.] Appeal from the court of chancery. The orator alledged in his bill, that Heber Chamberlain being indebted to one Solon Clark, in Rochester, Vermont, for eleven hundred dollars, (specifying the notes,) to secure the amount, on the 6th day of September, 1841, made mortgage of certain lands in said Rochester, — being the farm which said Clark had that day conveyed to the said Heber Chamberlain; that on the 16th day of October, 1848, said Clark assigned the mortgage to the orator, in consideration of $600 and also the notes ; that on the 23d day of September, 1843, the said…
1Opinion of the Court
The case was heard and reserved till the circuit term at Woodstock, in Windsor county, on the second Tuesday in September, when the opinion was delivered by
Eedfield, J.
The bill in this case seeks a foreclosure upon two mortgages. In regard to the first there is no controversy.
In regard to the second, the bill is in the ordinary form of a *275bill for foreclosure. The bill charges that the mortgage was executed by the defendant Chamberlain, on the 23d of September, 1843, to the orator to secure the payment of a promissory note for $500, which 'he then owed the orator, and which he has never paid.…
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