Legal Opinion

Chapman v. Comings

Supreme Court of Vermont

Decided February 15, 1870Published

Petition, to foreclose a mortgage. The cause was referred to a master in chancery to find what was equitably due on the mortgage. At the December term, 1869, Barrett, Chancellor, the master reported in substance as follows: That the sum claimed as due by the orator from Comings the defendant, on his mortgage, October 19th, 1869, is $590.70. This is the correct sum called for by the notes and mortgage.

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Petition, to foreclose a mortgage. The cause was referred to a master in chancery to find what was equitably due on the mortgage. At the December term, 1869, Barrett, Chancellor, the master reported in substance as follows: That the sum claimed as due by the orator from Comings the defendant, on his mortgage, October 19th, 1869, is $590.70. This is the correct sum called for by the notes and mortgage. The defendant insists that he is equitably entitled to the allowance of the sum of $223.85 at the date of the sale hereafter named. The notes and mortgage here in suit originally belonged to one…

1Opinion of the Court

The opinion of the court was delivered by

Wheeler, J.

The defendant had a right to buy in the debt he owed the estate of Merrick, and the mortgage to secure it, and had he done so, as he could not owe himself, the purchase would have extinguished both debt and mortgage. He also had a right to purchase with Chapman so far as Chapman could purchase an interest in it for himself. The law would not allow Chapman to purchase it for himself as against the estate of Merrick, of which, ho was administrator, unless those interested in the estate were willing he should. They had a right to repudiate the…

2Cases cited1 opinion

  1. Mead v. ByingtonSupreme Court of Vermont · 1838

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