Langdon v. Keith
Supreme Court of Vermont
This was a bill in Chancery stating, in substance, that the orators, as administrators of Eleazer Scofield, held a certain mortgage against one Mead, which was given to secure certain notes therein named ; that afterwards, and in pursuance of a decree in Chancery, they assigned to Jos.
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This was a bill in Chancery stating, in substance, that the orators, as administrators of Eleazer Scofield, held a certain mortgage against one Mead, which was given to secure certain notes therein named ; that afterwards, and in pursuance of a decree in Chancery, they assigned to Jos. Reed, in trust for certain infants and femes covert, all the notes mentioned in said mortgage except one of fifty-five dollars, and on that occasion assigned said mortgage to said Reed, the material part of which assignment was in these words : “ We do hereby grant, bargain, sell, “transfer and make over to the…
1Opinion of the Court
The opinion of the court was delivered by
CoLtiAMER, Chancellor.
When all the notes, secured by a mortgage are assigned, the mortgage passes. When a part are assigned and a part retained, it is entirely a matter of contract )jetween the mortgagee and the assignee, how and for whose benefit the mortgage shall be holden. It is mere matter of intention and mutual understanding between the parties, which must be ascertained by courts, when appealed to, like all other questions of contract, intention or understanding, from the declarations and acts of the parties, and the facts, which the testimony…
2Cases cited1 opinion
- Wright v. ParkerSupreme Court of Vermont · 1827
3Cited by10 opinions
- Mercantile Trust Co. v. Lamoille Val. R.U.S. Circuit Court for the District of Vermont · 1879
- Polk County National Bank v. DarrahSupreme Court of Florida · 1906
- Noyes v. WhiteSupreme Court of Kansas · 1872
- Belding v. ManlySupreme Court of Vermont · 1849
- Tilton v. TiltonSuperior Court of New Hampshire · 1838
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