of Doane v. Doane
Supreme Court of Vermont
Trustee process. The commissioner found and reported substantially the following facts: The defendant mortgaged his farm and land in Shorebam, Vt., to one John L. Hammond, to secure the indebtedness of the defendant to said Hammond, and subsequently the defendant and. bis wife conveyed all said lands to said Hammond by warranty deed, which was absolute in form, but was subsequently claimed by the defendant to be mere security for the defendant’s debt to Hammond, and Hammond…
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Trustee process. The commissioner found and reported substantially the following facts: The defendant mortgaged his farm and land in Shorebam, Vt., to one John L. Hammond, to secure the indebtedness of the defendant to said Hammond, and subsequently the defendant and. bis wife conveyed all said lands to said Hammond by warranty deed, which was absolute in form, but was subsequently claimed by the defendant to be mere security for the defendant’s debt to Hammond, and Hammond afterward conveyed said lands to one Rollin Birchard, taking a mortgage back from said Birchard, to secure the…
1Opinion of the Court
The opinion of the court was delivered by
Wheeler, J.
When Birchard yielded to the defendant’s claim that he had an equity of redemption, and Birchard only a mortgage estate in the farm and lands, the defendants right to the equity of redemption was well established as to all parties, and he thereafter was entitled to it, the same as if his right to it had not been disputed. And when Birchard, at the request of the defendant, convoyed the farm aiid lands to the trustee in this suit, the trustee took the title to the equity, in trust for the defendant, and after that time held it to his use as…
2Cases cited3 opinions
- Morgan v. StearnsSupreme Court of Vermont · 1868
- Hunter v. CaseSupreme Court of Vermont · 1848
- Stevens v. KirkSupreme Court of Vermont · 1864
3Cited by10 opinions
- Canfield v. HardSupreme Court of Vermont · 1885
- Thorp v. ThorpSupreme Court of Vermont · 1897
- Wilder's Exr. v. WilderSupreme Court of Vermont · 1909
- In Re AveryUnited States Bankruptcy Court, D. Vermont · 1984
- Sawyer v. Hebard's Est.Supreme Court of Vermont · 1886
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