Deavitt v. Judevine
Supreme Court of Vermont
Bill to foreclose a mortgage. Heard on the pleadings and a special master’s report, March Term, 1887, Washington county, Veazey, Chancellor. Decree that the bill be dismissed with costs. The bill was brought to foreclose the Davis mortgage, mentioned in the opinion of the court.
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Bill to foreclose a mortgage. Heard on the pleadings and a special master’s report, March Term, 1887, Washington county, Veazey, Chancellor. Decree that the bill be dismissed with costs. The bill was brought to foreclose the Davis mortgage, mentioned in the opinion of the court. The master found : “ On the 3d day of February, 1860, P. G. Wood and Eunice Wood, who were the owners of lot No. 59 iii the first division .of lands in Wolcott, by their warranty deed of that date, conveyed said lot to E. M. Gifford and therein warranted that said premises were free from incumbrance except, as stated…
1Opinion of the Court
The opinion of the court was delivered by
Powers, J.
The rule is well settled in this State that in case of successive conveyances of parcels of land incumbered by a common mortgage, the parcels should be held to the duty of redemption in the inverse order of their dates. Lyman v. Lyman, 32 Vt. 79; Root v. Collins, 34 Vt. 173.
No confusion will arise in the application of this rule to the case at bar, if the order of events be carefully noted.
E. M. Gifford on September 17, 1864, owned lot 59, on the whole of which rested the Davis mortgage, which he had assumed to pay. On that day Gifford sold…
2Cases cited2 opinions
- Lyman v. LymanSupreme Court of Vermont · 1859
- Root v. CollinsSupreme Court of Vermont · 1861
3Cited by3 opinions
- Fidelity & Casualty Co. v. Massachusetts Mut. L. Ins. Co.Court of Appeals for the Fourth Circuit · 1935
- Neely v. WilliamsCourt of Appeals for the Eighth Circuit · 1906
- Jamaica Savings Bank v. Howard'sSupreme Court of Vermont · 1906