Abbott v. Sanders
Supreme Court of Vermont
Appeal in Chancery, Addison County. Heard at Chambers, September 24, 1906, on demurrer to the bill. Decree, pro forma, that the demurrer be overruled,'the bill adjudged sufficient and taken as confessed, and decree for the orator according to the prayer of the bill. The defendant appealed. The situation is the same as if the oratrix had given a deed and taken a mortgage back to secure the agreement for her support, and foreclosure is the proper remedy. Moulton v. Ins.
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Appeal in Chancery, Addison County. Heard at Chambers, September 24, 1906, on demurrer to the bill. Decree, pro forma, that the demurrer be overruled,'the bill adjudged sufficient and taken as confessed, and decree for the orator according to the prayer of the bill. The defendant appealed. The situation is the same as if the oratrix had given a deed and taken a mortgage back to secure the agreement for her support, and foreclosure is the proper remedy. Moulton v. Ins. Co., 52 Yt. 123; Ford v. Steele, 54 Yt. 562; Darling v. Bobbins, 60 Yt. 347; Barnes v. Dow, 59 Yt. 530; Hoyt v. Hoyt, 77 Yt.…
1Opinion of the CourtMunson, J.
The bill sets up a conveyance of real and personal property from the oratrix to the defendant husband, conditioned that the grantee support the oratrix during her life; alleges a substantial breach of the condition; and prays for a decree declaring the defendants’ rights forfeited, and their title and equity extinguished and foreclosed. The bill is demurred to.
The defendants contend that the case presented is one of forfeiture by breach of a condition subsequent, and that forfeitures will not be enforced by a court of equity. It is held, however, with substantial unanimity, that equity will…
2Cases cited21 opinions
- Glocke v. GlockeWisconsin Supreme Court · 1902
- Richter v. RichterIndiana Supreme Court · 1887
- Frazier v. MillerIllinois Supreme Court · 1854
- Henry v. TupperSupreme Court of Vermont · 1857
- Wilfong v. JohnsonWest Virginia Supreme Court · 1895
16 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Bruer v. BruerSupreme Court of Minnesota · 1909
- In Re Waterson, Berlin & Snyder Co.Court of Appeals for the Second Circuit · 1931
- Russell v. CarverSupreme Court of Alabama · 1922
- Abbott v. SandersSupreme Court of Vermont · 1910
- Davis v. DavisSupreme Court of Vermont · 1908
13 more not listed; retrieve them via the Exa API.