McDaniels v. Lapham
Supreme Court of Vermont
Ejectment, for certain premises in Danby. Plea, the general issue, and trial by jury, September Term, 1847, — Hall, J., presiding.
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Ejectment, for certain premises in Danby. Plea, the general issue, and trial by jury, September Term, 1847, — Hall, J., presiding. The writ was dated March 3, 1843, and was served upon the defendants March 22, 1843. On trial the plaintiff gave in evidence a mortgage, deed from Timothy Reed to Alexander Barrett of a farm in Danby, including the demanded premises, given to secure the payment of five promissory notes, for three hundred dollars each, dated January 10,1828; also an assignment of the mortgage by Barrett to the plaintiff, dated March 7, 1828; also the five promissory notes described…
1Opinion of the Court
The opinion of the court was delivered by
Poland, J.
This was an action of ejectment, brought to recover a portion of a certain farm in Danby, which was mortgaged by Timothy Reed to Alexander Barrett on the tenth day of January, 1828, to secure the payment of five notes for the sain of three hundred dollars each. The facts proved on the trial were substantially the following; — that the plaintiff was the assignee of the mortgage from Reed to Barrett and holder of all the notes, which were secured by it; that Reed, in January, 1842, conveyed the whole of the farm to the defendants, and they…
2Cases cited6 opinions
- Tobey v. BarberNew York Supreme Court · 1809
- Sparhawk v. Administrator of Ozias BuellSupreme Court of Vermont · 1837
- McGlynn v. BillingsSupreme Court of Vermont · 1844
- Kimball v. LamsonSupreme Court of Vermont · 1829
- Miller v. HoldenSupreme Court of Vermont · 1846
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3Cited by31 opinions
- Fuller v. . KempNew York Court of Appeals · 1893
- McDaniels v. President of the Bank of RutlandSupreme Court of Vermont · 1857
- Preston v. GrantSupreme Court of Vermont · 1861
- Pollman & Bros. Coal & Sprinkling Co. v. City of St. LouisSupreme Court of Missouri · 1898
- Redmond & Co. v. Atlanta & Birmingham Air-Line RailwaySupreme Court of Georgia · 1907
26 more not listed; retrieve them via the Exa API.