Slocum v. Catlin
Supreme Court of Vermont
Appeal from the court of chancery. The orator alleged in his bill, that Alexander Catlin, on the eighteenth day of March, 1839, was the owner of certain real estate described in the bill, and that he then conveyed the premises to Stephen Haight, by a deed which was absolute in its terms, but which was understood and intended by the parties to be for the sole purpose of securing Haight for certain liabilities, which he had incurred for Alexander Catlin; that the administrator…
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Appeal from the court of chancery. The orator alleged in his bill, that Alexander Catlin, on the eighteenth day of March, 1839, was the owner of certain real estate described in the bill, and that he then conveyed the premises to Stephen Haight, by a deed which was absolute in its terms, but which was understood and intended by the parties to be for the sole purpose of securing Haight for certain liabilities, which he had incurred for Alexander Catlin; that the administrator of Haight conveyed the premises to Guy Catlin, and Guy Catlin conveyed them to the other defendants, Henry W. Catlin…
1Opinion of the Court
The opinion of the court was delivered by
Kellogg, J.
That the deed from Alexander Catlin to Stephen Haight is to be treated as a mortgage, we entertain no doubt. After the execution of the deed Alexander Catlin continued to oc*139cupy and control the premises, which were of much greater value than the amount of the liabilities assumed by Haight. Both Haight and Alexander Catlin treated it as a mortgage, and Guy Catlin, in his answer, admits, that the deed was made as an indemnity for the liabilities assumed for Alexander Catlin at Washington. Such being the fact, Alexander Catlin had an equitable…
2Cases cited2 opinions
- Pratt v. Bank of BenningtonSupreme Court of Vermont · 1838
- Paine v. WebsterSupreme Court of Vermont · 1828
3Cited by3 opinions
- Walker, Smith & Co. v. BaxterSupreme Court of Vermont · 1854
- National Bank v. CushingSupreme Court of Vermont · 1881
- Seymour v. DarrowSupreme Court of Vermont · 1858