Belding v. Manly
Supreme Court of Vermont
[In Chancery.] Appeal from the court of chancery. The facts were as follows. The defendant, William Manly, in 1841, executed to one George W. Farwell a mortgage of real estate to secure the payment of three notes of one hundred and fifty four dollars each, payable in one, two, and three years from date, with interest. Before the note first payable became due, Farwell sold and endorsed it to the plaintiff.
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[In Chancery.] Appeal from the court of chancery. The facts were as follows. The defendant, William Manly, in 1841, executed to one George W. Farwell a mortgage of real estate to secure the payment of three notes of one hundred and fifty four dollars each, payable in one, two, and three years from date, with interest. Before the note first payable became due, Farwell sold and endorsed it to the plaintiff. Afterwards Farwell sold the two other notes to one Isaac McDaniels, and assigned to McDaniels all his interest in the mortgage. McDaniels subsequently sold the two notes to the defendant…
1Opinion of the Court
The opinion of the court was delivered by
Ham., J.
The view which the court have taken of the case renders it unnecessary to determine, what were the respective interests of Belding, the plaintiff, and the defendant Cochran, in the Farwell mortgage, by virtue of the transfer by Farwell to the plaintiff of one of the notes, and of the subsequent assignment of the two other notes, together with the mortgage, to Cochran. By the tender by the plaintiff to Cochran, of the amount of his two notes, the plaintiff seems to admit, that Cochran was entitled to the prior benefit of the mortgage, for the…
2Cases cited1 opinion
- Langdon v. KeithSupreme Court of Vermont · 1837
3Cited by6 opinions
- Studebaker Bros. Manufacturing Co. v. McCargurNebraska Supreme Court · 1886
- Mercantile Trust Co. v. Lamoille Val. R.U.S. Circuit Court for the District of Vermont · 1879
- Norton v. PalmerMassachusetts Supreme Judicial Court · 1886
- Young v. MillerMassachusetts Supreme Judicial Court · 1856
- Nash v. KelleySupreme Court of Vermont · 1878
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