McDaniels v. Colvin
Supreme Court of Vermont
Ejectment on mortgage. The defendant fcolvin executed to the plaintiff a mortgage of the land sued for, which was dated Oct. 12, 1838, and the condition of which, after providing for the payment of a certain note of five hundred and thirty four dollars, made payable one day after date, contained these words, — “ and also [shall pay] what I may owe him on book, and, if the note and book account is paid, then this deed is to be null and void, — otherwise to be and remain in…
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Ejectment on mortgage. The defendant fcolvin executed to the plaintiff a mortgage of the land sued for, which was dated Oct. 12, 1838, and the condition of which, after providing for the payment of a certain note of five hundred and thirty four dollars, made payable one day after date, contained these words, — “ and also [shall pay] what I may owe him on book, and, if the note and book account is paid, then this deed is to be null and void, — otherwise to be and remain in full force and virtue.” Subsequently Colvin executed another mortgage of the same premises to the other defendants, S. &…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
The plaintiff recovered judgment against the defendants in an action of ejectment, and the defendants, in pursuance of the provisions of the statute, filed their motion to redeem. The court ascertained the sum due in equity to the plaintiff, allowing the note described in the condition of his mortgage d'eed, and also the amount due to him on book, — to which an exception was taken ; and the inquiry now is, whether the decision of the court was correct.
The mortgage deed from the defendant, Colvin, to the plaintiff is dated October 12,…
2Cases cited1 opinion
- Pettibone v. GriswoldSupreme Court of Connecticut · 1822
3Cited by25 opinions
- Seabright v. SeabrightWest Virginia Supreme Court · 1886
- Tapia v. DemartiniCalifornia Supreme Court · 1888
- Ladue v. Detroit & Milwaukee RailroadMichigan Supreme Court · 1865
- Union National Bank v. Moline, Milburn & Stoddard Co.North Dakota Supreme Court · 1897
- Boswell v. GoodwinSupreme Court of Connecticut · 1862
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