Ross v. Shurtleff
Supreme Court of Vermont
Heard on bill, answers, replication and evidence, ’June Term, 1881, Caledonia County, Powers, Chancellor. Decree pro forma for the defendants.
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Heard on bill, answers, replication and evidence, ’June Term, 1881, Caledonia County, Powers, Chancellor. Decree pro forma for the defendants. The bill set forth in substance that: A deed of defeasance from Freeman Capron to Joel Shurtleff, September 27, 1867, of certain premises in Walden, conditioned for the payment, among other things, of ShurtlefPs promissory note of that date for $50, with interest annually, which note the orator now owns, and avers that the same is unpaid ; the conveyance of the premises by Shurtleff and other intermediate owners to those now claiming to own them ; the…
1Opinion of the Court
The opinion of the court was delivered by
Tart, J.
The orator seeks to foreclose a mortgage upon land in Walden. The mortgage was by deed of defeasance conditioned for the payment of a note now held by him. He claims to own an undivided interest in the equity of redemption, and asks by the bill to have partition made ; the defendants, his co-tenants, to account for the rents and profits for the time they have been in possession, and a suit of audita querela brought to vacate a levy, under which he claims, perpetually enjoined.
*181The defendants make several objections to a decree for.the • orator.
I.…
2Cases cited5 opinions
- Wade v. PulsiferSupreme Court of Vermont · 1881
- Corey v. GaleSupreme Court of Vermont · 1841
- Houghton v. SlackSupreme Court of Vermont · 1838
- Warner v. CraneSupreme Court of Vermont · 1844
- Essex Mining Co. v. BullardSupreme Court of Vermont · 1870
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