Walker v. King
Supreme Court of Vermont
Petition for tbe foreclosure of a mortgage. The petition set up that Cyrus Safford, now deceased, of Royalton, in the county of Windsor, on the first day of January, A. D. 1857, duly executed to the petitioner a mortgage deed of certain land, situate in Royalton, as therein described, with a condition as therein set forth, and that Daniel P. King, John B. Durkee, David G. Bos-worth, Jonas Flint, and Oliver S. Curtis, all of said Royalton, are in possession of separate and…
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Petition for tbe foreclosure of a mortgage. The petition set up that Cyrus Safford, now deceased, of Royalton, in the county of Windsor, on the first day of January, A. D. 1857, duly executed to the petitioner a mortgage deed of certain land, situate in Royalton, as therein described, with a condition as therein set forth, and that Daniel P. King, John B. Durkee, David G. Bos-worth, Jonas Flint, and Oliver S. Curtis, all of said Royalton, are in possession of separate and distinct portions of said lands, claiming some right, title and interest in and to the same by virtue of conveyances…
1Opinion of the Court
The opinion of the court was delivered by
WheeleR, J.
Upon the case made by the petition and confession, the petitioner stood as a second mortgagee, seeking to redeem the first mortgage and to foreclose his own, and the defendants stood as assignees of the first mortgage in possession, taking the rents and profits. Upon that case, the defendants should have accounted for the rents and profits, and permitted the petitioner to redeem their mortgage. But with the parties all before the court, the cause was referred to a master, and a hearing had be*609fore him, and upon his report additional facts…
2Cases cited3 opinions
- McDaniels v. Flower Brook Manufacturing Co.Supreme Court of Vermont · 1850
- Hooper v. WilsonSupreme Court of Vermont · 1839
- Grinnell, Minturn & Co. v. SuydamThe Superior Court of New York City · 1849
3Cited by9 opinions
- Jefferson v. EdringtonSupreme Court of Arkansas · 1890
- Van Dyke v. Grand Trunk Railway Co.Supreme Court of Vermont · 1911
- Spaulding v. CraneSupreme Court of Vermont · 1873
- First National Bank v. MooreIndiana Court of Appeals · 1928
- Wilder's v. WilderSupreme Court of Vermont · 1903
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