Legal Opinion

Davis v. Hemenway

Supreme Court of Vermont

Decided March 15, 1855PublishedCited by 8 opinions

Practice. Equitable mortgage. Lease. Forcible entry and detainer. Forcible Entry and Detainer. The proceeding was commenced before a single justice and came into the county court by appeal, and was there tried by the court, upon the plea of not guilty, at the January Term, 1855, — -Underwood, J. presiding.

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Practice. Equitable mortgage. Lease. Forcible entry and detainer. Forcible Entry and Detainer. The proceeding was commenced before a single justice and came into the county court by appeal, and was there tried by the court, upon the plea of not guilty, at the January Term, 1855, — -Underwood, J. presiding. The premises in question belonged, in the fall of 1846, to the estate of Daniel Gould, to which estate there were five heirs, the defendant’s wife being one; and the defendant was the owner, by purchase, of the shares of three of the other heirs, and had received from the widow a lease of…

1Opinion of the Court

The opinion of the court was delivered by

Redfield, Ch. J.

We think the defendant may fairly be regarded as having the same equity in these premises under the contract B as under the contract A. The only objection urged *593against this view is, that he had assigned his equitable estate, whatever it was, under the first contract, and that had not been reconveyed to him. But this assignment is merely conditional and, by express terms, to become void upon any failure to keep and perform all the conditions on the part of the assignees. In these they did fail, and surrendered the possession, and the…

2Cited by8 opinions

  1. Whiting v. AdamsSupreme Court of Vermont · 1894
  2. Nightingale v. BarensWisconsin Supreme Court · 1879
  3. Ferris v. WilcoxMichigan Supreme Court · 1883
  4. Foss v. StantonSupreme Court of Vermont · 1904
  5. Mack v. DaileySupreme Court of Vermont · 1893

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