Herrick's Admr. v. Teachout
Supreme Court of Vermont
Appeae in Chancery. Heard on bill and answer, cross-bill, answer, replication and special master’s report, at the September Term, 1902, Franklin County, Stafford, Chancellor. Cross-bill dismissed and decree for the orator. The defendant appealed.
Read the full summary
Appeae in Chancery. Heard on bill and answer, cross-bill, answer, replication and special master’s report, at the September Term, 1902, Franklin County, Stafford, Chancellor. Cross-bill dismissed and decree for the orator. The defendant appealed. The conveyance in question, though sometimes called an equitable mortgage, has all the elements and requisites, and is, in fact, a mortgage in law. 2 Bouveir’s D. Diet. 440; 1 Jones on Morts., s. 241; Seymour v. Darrow, et al., 31 Vt. 131; Gibson v. Seymour, 4 Vt. 518; Hills et uar. v. Loomis, 42 Vt. 562. The estate created by this conveyance and the…
1Opinion of the CourtMunson, J.
The bill is brought to foreclose the defendant’s equity of redemption in certain premises therein described. The cross-bill prays for a sale of the premises and payment from its avails. The agreement connected with the transfer was in parol, and is to be ascertained from the findings of the master. The report shows that L. D. Herrick, the orator’s intestate, took deeds of the farm in question from the defendant and his wife and the defendant’s assignee in insolvency, upon an agreement that he would relieve the estate from certain claims and pay the incumbrances resting upon the farm, and *200deed…
2Cited by5 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
- Prue v. Royer, Sr., and Department of Liquor ControlSupreme Court of Vermont · 2013
- Earle's Admr. v. BlanchardSupreme Court of Vermont · 1911
- Wetherbee v. StateSupreme Court of Vermont · 1974
- Roberts v. W. H. Hughes Co.Supreme Court of Vermont · 1913