Legal Opinion

Wood v. Cochrane

Supreme Court of Vermont

Decided November 15, 1866PublishedCited by 10 opinions

£ IN CHANCEET. ] Bill m ChANCErt. The oratrix sought to have a mistake in the certificate of a magistrate who took the acknowledgment of a mortgage deed, corrected by order and decree of the court, and the deed declared effectual to convey the premises.

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£ IN CHANCEET. ] Bill m ChANCErt. The oratrix sought to have a mistake in the certificate of a magistrate who took the acknowledgment of a mortgage deed, corrected by order and decree of the court, and the deed declared effectual to convey the premises. The premises in question were mortgaged by the defendant, William R. Cochrane, to Samuel F. Wood, the husband of the oratrix, who lias since deceased and by will left the notes and mortgage in question to Sarah Wood, the oratrix. The deed was recorded in the- land records of the town, but the certificate of the magistrate who took the…

1Opinion of the Court

*548The opinion of the court was delivered by

PiERboiNT, Ch. J.

The only question arising in this case that has been presented for our consideration is, whether the mortgage deed from the defendant Cochrane to Samuel F. Wood appears to have been so acknowledged by the grantor Cochrane as that its being recorded in the town clerk’s office in the town where the land lies, operates as constructive notice to subsequent purchasers of its existence, such purchaser having no actual notice of it. The certificate of the acknowledgment attached to the deed is as follows:

“ Middlesex, ss., Lowell, March 10th,…

2Cases cited1 opinion

  1. Richmond v. WoodardSupreme Court of Vermont · 1860

3Cited by10 opinions

  1. Homœopathic Mutual Life Insurance v. MarshallNew Jersey Court of Chancery · 1880
  2. Maitland v. Republic Refining Co.Supreme Court of Oklahoma · 1925
  3. Smith v. TimNew York Court of Common Pleas · 1884
  4. Weed v. AbbottSupreme Court of Vermont · 1879
  5. Weller v. Shafer, Court of Common Pleas of Ohio, Hamilton County1932

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