Wells v. Foss
Supreme Court of Vermont
Appeal in Chancery. Heard on pleadings, master’s report, and exceptions thereto, at tbe March Term, 1907, Washing County, Miles, Chancellor. This is a petition to foreclose two mortgages. No question is raised in respect of the first mortgage, “the Cole mortgage.” All the material facts regarding the second mortgage, the “Wells mortgage,” are stated in the opinion.
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Appeal in Chancery. Heard on pleadings, master’s report, and exceptions thereto, at tbe March Term, 1907, Washing County, Miles, Chancellor. This is a petition to foreclose two mortgages. No question is raised in respect of the first mortgage, “the Cole mortgage.” All the material facts regarding the second mortgage, the “Wells mortgage,” are stated in the opinion. Defendant’s exceptions to the master’s report overruled, and decree for the orator, pro forma, for the amount found due by the master on the “Cole mortgage,” and for one hundred dollars found due on the “Wells mortgage,” with…
1Opinion of the CourtWatson, J.
Concerning the Cole mortgage and the sum due in equity thereon no question is made.
At the date of the other mortgage the defendant was owing the orator one hundred dollars, which sum was included in the note secured by that mortgage. This sum with interest thereon since January 1, 1905, is due on the note without question. The note was given for two hundred dollars. The mortgage was executed to Herbert A. Wells, but all the transactions which entered into it were had between the parties to this case. In fact, the orator always owned the note and the mortgage, and they were formally assigned…
2Cases cited5 opinions
- Buckles v. LambertCourt of Appeals of Kentucky · 1863
- Morrill v. MorrillSupreme Court of Vermont · 1880
- Michigan Insurance v. Estate of LeavenworthSupreme Court of Vermont · 1856
- Michigan State Bank v. Estate of LeavenworthSupreme Court of Vermont · 1855
- Davis v. Windsor Savings BankSupreme Court of Vermont · 1874
3Cited by3 opinions
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- New England Educational Training Service, Inc. v. Silver Street PartnershipSupreme Court of Vermont · 1991
- D'Amato v. DonatoniSupreme Court of Vermont · 1933