Wing v. Cooper
Supreme Court of Vermont
Appeal from Chancery. The facts are sufficiently stated in the opinion of the court. At the March Term, 1860, Aldis, Ch., the court of chancery decreed that the bill be dismissed with costs. This decree was upon a full hearing of the case, but was strictly pro forma and made to enable the parties to have a decision in the supreme court, before incurring the delay and expense of an accounting.
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Appeal from Chancery. The facts are sufficiently stated in the opinion of the court. At the March Term, 1860, Aldis, Ch., the court of chancery decreed that the bill be dismissed with costs. This decree was upon a full hearing of the case, but was strictly pro forma and made to enable the parties to have a decision in the supreme court, before incurring the delay and expense of an accounting. Appeal by the orator. 1. Did the deed and bond of the 8th or 9th of January, 1853, constitute a mortgage ? If so, it is still a mortgage, and the orator has a right to redeem. French v. Sturtevant, 8…
1Opinion of the CourtKellogg, J.
On the 20th of September, 1851, the orator, William P. Briggs, now deceased, by whom this suit was originally commenced, and in whose right it is now prosecuted by his executor, was indebted to Joseph Reed of Montpelier on two promissory notes, both of which were signed by him, and one of which was signed by the defendants Cooper, Russell, and Whipple as his sureties, and the other of which was signed by Ransom Jones as his surety. Both of these notes had then been over due for several years. There was then due for principal and interest on the note signed by the defendants Cooper, Russell,…
2Cases cited9 opinions
- Wright v. BatesSupreme Court of Vermont · 1841
- Colwell v. WoodsSupreme Court of Pennsylvania · 1834
- Lowry v. AdamsSupreme Court of Vermont · 1850
- Reed v. FieldSupreme Court of Vermont · 1843
- Conner v. ChaseSupreme Court of Vermont · 1843
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3Cited by20 opinions
- L. Paul Dieffenbach, Jr. v. Attorney General of Vermont, Hazel M. Stevenson, Robert B. Young, First National Bank of Orwell, Inc.Court of Appeals for the First Circuit · 1979
- Moore v. WadeSupreme Court of Kansas · 1871
- Wamsley v. CrookNebraska Supreme Court · 1874
- Shelley v. ByersCalifornia Court of Appeal · 1925
- Ladd v. JohnsonOregon Supreme Court · 1897
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