Dyer v. Dean
Supreme Court of Vermont
Petition to foreclose a mortgage. Heard on petition and answer at the June Term, 1896, Bennington County, Start, Chancellor.
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Petition to foreclose a mortgage. Heard on petition and answer at the June Term, 1896, Bennington County, Start, Chancellor. The petition alleged that the defendant W. R. Dean and his then wife, Minerva, executed the mortgage to one Houghton and the same was duly recorded; that upon the death of Houghton his heirs assigned the debt and mortgage to Mary F. Dean, who was then the wife of W. R. Dean, the mortgagor; that afterwards Mary F. Dean assigned to the petitioner; that W. R. Dean had executed a second mortgage to Colburn and Ames as trustees; that both trustees had deceased and that the…
1Opinion of the CourtTaft, J.
The defendant Graves answered and incorporated in his answer a demurrer, assigning as special causes, want of parties and want of a proper allegation of an assignment of the mortgage to the petitioner.
The first three points in the brief of the defendant Graves are upon questions raised by the demurrer. The cause was *372heard upon the petition and answer; the demurrer was not brought forward for hearing and therefore the questions arising under it were waived and will not be considered by this court. Wade v. Pulsifer, 54 Vt. 45; McLane v. Johnson, 59 Vt. 237; Holt v. Daniels, 61 Vt. 89.
The cause…
2Cases cited6 opinions
- Wade v. PulsiferSupreme Court of Vermont · 1881
- Slason v. WrightSupreme Court of Vermont · 1842
- Holt v. DanielsSupreme Court of Vermont · 1888
- Gates v. AdamsSupreme Court of Vermont · 1851
- McLane v. JohnsonSupreme Court of Vermont · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Deerfield River Co. v. Wilmington Power & Paper Co.Supreme Court of Vermont · 1910