Barrett v. Prentiss
Supreme Court of Vermont
Foreclosure of mortgage. Heard on bill, answer, and • a master’s report, March Term, 1884, Washington County, Powers, Chancellor. Decree of foreclosure.
Read the full summary
Foreclosure of mortgage. Heard on bill, answer, and • a master’s report, March Term, 1884, Washington County, Powers, Chancellor. Decree of foreclosure. The master reported that Austin G. Prentiss, on the second day of April, 1860, executed the mortgage in question to secure three $200 notes, the last of which was payable April 1, 1864; that on said April 2, 1860, the orator’s intestate became the owner of the mortgage; that said Holden held the mortgage and notes during his life, and that he died in 1879, when they came into the possession of the orator as administrator; that the interest…
1Opinion of the Court
*300The opinion of the court was delivered by
Taut, J.
There are two questions made in this case.
I. "Was the deed in question duly recorded? It was spread upon the records, but not indexed. Does the fact that it was not indexed render the record invalid? We think not. This was so decided in Curtis v. Lyman, 24 Vt. 338; and the rule there laid down is not affected by the statute, passed since that decision, requiring a general index to be kept by the town clerk.
The recording of two deeds of a later date on the preceding pages, was not such an irregularity as to render the record null. Such instances…
2Cases cited2 opinions
- Hughes v. EdwardsSupreme Court of the United States · 1824
- Curtis v. LymanSupreme Court of Vermont · 1852
3Cited by9 opinions
- Home Life Insurance v. ElwellMichigan Supreme Court · 1897
- Kaiser v. IdlemanOregon Supreme Court · 1910
- Haner v. BruceSupreme Court of Vermont · 1985
- Gay's Estate v. HassomSupreme Court of Vermont · 1892
- Austin v. SteeleSupreme Court of Arkansas · 1900
4 more not listed; retrieve them via the Exa API.