Walker, Smith & Co. v. Baxter
Supreme Court of Vermont
Appeal from a decree of the probate court, for the district of Chittenden, for the payment to the defendants of a dividend upon the estate of Geo. E. Harrington. Plea the general issue, and trial by the court, at the March Term, 1852, Pierpoint, presiding Judge.
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Appeal from a decree of the probate court, for the district of Chittenden, for the payment to the defendants of a dividend upon the estate of Geo. E. Harrington. Plea the general issue, and trial by the court, at the March Term, 1852, Pierpoint, presiding Judge. On the trial, the plaintiffs introduced in evidence a copy of record from the probate court of the report by the commissioners on claims of said estate, showing an allowance against the estate to the plaintiffs of $181,76; one to Baxter, of $3,216,17, on three notes secured by mortgage, which said mortgage, Baxter, at the time of said…
1Opinion of the Court
The opinion of the court was delivered by
Isham, J.
We are satisfied, upon an investigation of this case, that'the decree of the probate court must be affirmed. The purchase by Mr. Baxter, of the Fletcher mortgage, vested in him the interest of Mr. Fletcher, with that of his own, as mortgagee of the premises. The allowance of the demands secured by mortgage, as claims against the estate of the mortgagor, will have no effect to defeat or impair that security, or prevent t-heir being taken into account, in the allowance of such dividends against the estate, as may be ordered by the probate court.…
2Cases cited4 opinions
- Lockwood v. SturdevantSupreme Court of Connecticut · 1827
- Baldwin v. NortonSupreme Court of Connecticut · 1817
- Marshall v. WoodSupreme Court of Vermont · 1833
- Slocum v. CatlinSupreme Court of Vermont · 1849
3Cited by16 opinions
- Third National Bank v. HaugMichigan Supreme Court · 1890
- Island Pond National Bank v. LacroixSupreme Court of Vermont · 1932
- Charles P. Kellogg & Co. v. MillerOregon Supreme Court · 1892
- Allen v. DanielsonSupreme Court of Rhode Island · 1887
- Woodhurst v. CramerWashington Supreme Court · 1902
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