Legal Opinion

Kendall v. Tracy, Hathaway & Hathaway

Supreme Court of Vermont

Decided February 15, 1892PublishedCited by 12 opinions

Petition to foreclose a mortgage. Heard, on bill, answer, and a master’s report, at tbe December term, 1889. Ross, chancellor, decreed foreclosure as to all the defendants. The defendants Hathaway appeal. The opinion states the case. A payment having been made on the note within fifteen years, the mortgage is in force as against the entire premises.

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Petition to foreclose a mortgage. Heard, on bill, answer, and a master’s report, at tbe December term, 1889. Ross, chancellor, decreed foreclosure as to all the defendants. The defendants Hathaway appeal. The opinion states the case. A payment having been made on the note within fifteen years, the mortgage is in force as against the entire premises. Richmond v. Aiken, 25 Yt. 234 ; Wiers & Peck v. Nelson, 26 Yt. 13 ; Wright d¡ Ainsworth v. Lake, 30 Yt. 206; Townsend v. Downer, 32 Yt. 183 ; Robert’s Digest 553; Hollister v. Young 59 Yt. 1. Equity follows the law and a suit in ejectment would…

1Opinion of the Court

The opinion of the court was delivered by

TYLER, J.

This is a petition to foreclose a mortgage. It was taken as confessed as to the defendant Tracy. Defendants Hathaway answered, claiming the benefit of the statute of limitations, and the case was referred to a master, who reported that the petitioner, Jan. 2, 1866, sold and conveyed a farm in Hart-land to defendant Tracy and took back from him a mortgage on the farm to secure the payment of Tracy’s promissory note of that date for $2,600, payable to the petitioner on demand with interest annually ; that Dec. 23, 1871, Tracy, by a warranty deed…

2Cases cited6 opinions

  1. Hughes v. EdwardsSupreme Court of the United States · 1824
  2. Heyer v. PruynNew York Court of Chancery · 1839
  3. Whitney v. RichardsonSupreme Court of Vermont · 1858
  4. Richmond v. AikenSupreme Court of Vermont · 1853
  5. Hollister v. YorkSupreme Court of Vermont · 1886

1 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Clute v. . CluteNew York Court of Appeals · 1910
  2. Hughes v. ThomasWisconsin Supreme Court · 1907
  3. Kaiser v. IdlemanOregon Supreme Court · 1910
  4. Paine v. McDowellSupreme Court of Vermont · 1898
  5. Drouin v. Boston & Maine R. R.Supreme Court of Vermont · 1902

7 more not listed; retrieve them via the Exa API.

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