Wilder's v. Wilder
Supreme Court of Vermont
Appeal in Chancery. Heard on the defendant’s demurrer to the bill of complaint, at the September Term, 1902, Washington County, Watson, Chancellor. Decree, pro forma, sustaining the demurrer and dismissing the bill. The orator appeals. Since the real estate was conveyed to Maria A., she be-' came primarily liable to pay the mortgage thereon. She was the principal and her husband surety.
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Appeal in Chancery. Heard on the defendant’s demurrer to the bill of complaint, at the September Term, 1902, Washington County, Watson, Chancellor. Decree, pro forma, sustaining the demurrer and dismissing the bill. The orator appeals. Since the real estate was conveyed to Maria A., she be-' came primarily liable to pay the mortgage thereon. She was the principal and her husband surety. Cook v. Bherage, 64 N. E. 603; Stevens v. Goodenough, 26 Vt. 676. After the death of Maria A., George W. Was bound, as tenant by courtesy, to keep down the interest on the mortgage, — the obligation to pay the…
1Opinion of the CourtStart, J.
The oratrix, by her bill of complaint, shows that on March 24, 1864, William B. Hubbard conveyed to his daughter, Maria A. Wilder, wife of George W. Wilder, the premises in question. No money passed in the transaction, but the Wilders on the same day mortgaged the premises to Hubbard to secure the payment of a note of $2,000 signed by them. The Wilders immediately thereafter went into possession, and occupied until the death of Maria A. Wilder, February 8, 1878; and George W. Wilder continued in possession until his death, April 16, 1901. The defendant, George H. Wilder, is the only child and…
2Cases cited15 opinions
- Steere v. SteereNew York Court of Chancery · 1820
- Beecher v. Wilson, Burns & Co.Supreme Court of Virginia · 1888
- Botsford v. BurrNew York Court of Chancery · 1817
- Pinnock v. CloughSupreme Court of Vermont · 1844
- Keller v. KellerCourt of Appeals of Maryland · 1876
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3Cited by4 opinions
- Hall v. Windsor Savings BankSupreme Court of Vermont · 1923
- Wilder's Exr. v. WilderSupreme Court of Vermont · 1909
- Detroit & Northern Michigan Building & Loan Ass'n v. OramMichigan Supreme Court · 1918
- Hall v. Windsor Savings BankSupreme Court of Vermont · 1923