Twitchell v. Bridge
Supreme Court of Vermont
Petition for foreclosure in common form in chancery, setting ■forth a mortgage by the defendant to the plaintiff, of a farm in 'Townshend, December 9, 1864, to secure a note of $8000 of same date on demand with interest after the nest April, given for part of the purchase money of the farm.
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Petition for foreclosure in common form in chancery, setting ■forth a mortgage by the defendant to the plaintiff, of a farm in 'Townshend, December 9, 1864, to secure a note of $8000 of same date on demand with interest after the nest April, given for part of the purchase money of the farm. The answer admitted the facts alleged in the petition, and says that the farm lies on West River in Townshend, and is composed in large part of interval or meadow, and some upland; that the meadow constitutes its chief value ; that the defendant was not acquainted with the farm ; that he bought it of the…
1Opinion of the Court
The opinion of the court was delivered by
Peck, J.
The note, secured by the mortgage which the orator seeks to foreclose, was given by the defendant to the orator for a part of the purchase price of the farm in question, conveyed by the orator to the defendant at the date of the mortgage. The defendant claims a deduction from the amount of the note on account of a fraudulent verbal warranty and false representations of the orator, as to the quantity of land in the intervale meadow which constituted the greater portion of the farm, and by which warranty and representations it is insisted the…
2Cases cited1 opinion
- Kelly v. PemberSupreme Court of Vermont · 1862
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