Deavitt v. Ring
Supreme Court of Vermont
Trespass and Trover for the conversion of certain farm products. Plea, the general issue. Trial by the City Court of Montpelier, Smilie, J., December 22, 1900. Judgment for the defendant. The plaintiff excepted. The plaintiff was the grantee of Elizabeth Ring.
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Trespass and Trover for the conversion of certain farm products. Plea, the general issue. Trial by the City Court of Montpelier, Smilie, J., December 22, 1900. Judgment for the defendant. The plaintiff excepted. The plaintiff was the grantee of Elizabeth Ring. The defendant and said Elizabeth Ring were tenants in common of a farm, on which the crops in question were grown, from the time they were planted until and at the time of the alleged trespass and trover unless the defendant had been deprived of his interest in the premises by his failure to redeem under a decree of foreclosure. The…
1Opinion of the CourtStart, J.
When tenants in common mortgage the common property and are given different times for redemption in a decree of foreclosure, and the tenant whose time expires first fails to redeem, and the other tenant, after the expiration of that time and within the time allowed to him, redeems the premises by paying the amount of the decree to the clerk, the premises become redeemed and the operation of the decree arrested. Ward v. Seymour, 51 Vt. 320. But the mortgage is not thereby extinguished. If the tenant who fails to redeem does not pay his just portion of the mortgage debt, he may be foreclosed by…
2Cases cited1 opinion
- Ward v. SeymourSupreme Court of Vermont · 1878
3Cited by1 opinion
- Meehan v. BessetteSupreme Court of Vermont · 1937