Legal Opinion

Kinsley v. Scott

Supreme Court of Vermont

Decided January 15, 1886PublishedCited by 1 opinion

Petition to foreclose a mortgage. Heard, on pleadings and proofs, September Term, 1885, Royce, Chancellor. It was decreed, pro forma, and without hearing, that the petition be dismissed.

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Petition to foreclose a mortgage. Heard, on pleadings and proofs, September Term, 1885, Royce, Chancellor. It was decreed, pro forma, and without hearing, that the petition be dismissed. The petition set forth that Charles A. Scott, on May 8,1843, duly executed to the petitioner a mortgage deed of certain lands situated in Fletcher, in said county; that the land was a part of that set off to said Scott as one of the heirs of his father, Ira Scott; that the mortgage was conditioned that the mortgagor would keep and perform all the covenants of a deed of certain lands executed on the same day…

1Opinion of the Court

The opinion of the court was delivered by

Veazey, J.

This is a petition to foreclose a mortgage under the statute. The mortgage was dated May 8, 1843, and was executed by the defendant, Charles A. Scott, and conditioned that he should keep and perform the covenants of a certain other deed executed by him to the petitioner on *472the same day of this mortgage. The petitioner alleged breach of the condition. He also stated that July 7, 1842, being prior to the date of the mortgage, Scott conveyed the same premises by deed to one Guy Kinsley without consideration and to shield the property from…

2Cases cited2 opinions

  1. Administrators of Lyman v. LittleSupreme Court of Vermont · 1843
  2. Soule v. AlbeeSupreme Court of Vermont · 1858

3Cited by1 opinion

  1. Haskell's Admr. v. HoltSupreme Court of Vermont · 1903

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