Tucker ex rel. Deming v. Bradley
Supreme Court of Vermont
Bill ok foreclosure. The facts in the case are stated with sufficient particularity in the opinion of the court. The chancellor, Barrett, at the September Term, 1859, in Chittenden county, rendered a decree that the note and mortgage in question were valid and entitled to be enforced by the oratrix, deducting therefrom the two endorsements thereon, which the chancellor held should be treated as payments by Follett and Bradley to Timothy Follett, in his character as trustee…
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Bill ok foreclosure. The facts in the case are stated with sufficient particularity in the opinion of the court. The chancellor, Barrett, at the September Term, 1859, in Chittenden county, rendered a decree that the note and mortgage in question were valid and entitled to be enforced by the oratrix, deducting therefrom the two endorsements thereon, which the chancellor held should be treated as payments by Follett and Bradley to Timothy Follett, in his character as trustee for the oratrix, and were, therefore, binding upon the oratrix as payments. From this decree the defendant, Edmunds,…
1Opinion of the CourtPoland, J.
This bill is brought to foreclose a mortgage executed by Timothy Follett and John Bradley to the oratrix. The defendant, Edmunds, as administrator of Lee, represents a mortgage executed by Follett and Bradley to Lee, Dater and Miller subsequent to the mortgage to the oratrix, and he is the only party who makes defence to the bill. The defence is placed upon two grounds.
1st. That the mortgage to the oratrix, and the note described in the condition, never became operative and binding for want of a valid delivery.
2d. That the mortgage note has been fully paid.
The history of the note and mortgage…
2Cases cited1 opinion
- Davis v. BriggsSupreme Judicial Court of Maine · 1855
3Cited by8 opinions
- Lowery v. . ErskineNew York Court of Appeals · 1889
- Mahoney v. Hartford Investment CorporationSupreme Court of Connecticut · 1909
- State v. HopkinsSupreme Court of Vermont · 1883
- Indiana Trust Co. v. ByramIndiana Court of Appeals · 1904
- State ex rel. Welsh v. TowleSupreme Court of New Hampshire · 1861
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