Howard v. Scott
Supreme Court of Vermont
[In Chancery.] Appeal from the Court of Chancery. The bill alleged that the orator began to have dealings with the defendant in 1868, and, from that time to 1871, had dealings with him to the amount of many thousand dollars, and that the defendant had at times had large sums of the orator’s money in his hands; that prior to 1871 the defendant, at the orator’s request, purchased a mortgage on a piece of woodland in Berlin, called the Perley lot, containing about one hundred…
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[In Chancery.] Appeal from the Court of Chancery. The bill alleged that the orator began to have dealings with the defendant in 1868, and, from that time to 1871, had dealings with him to the amount of many thousand dollars, and that the defendant had at times had large sums of the orator’s money in his hands; that prior to 1871 the defendant, at the orator’s request, purchased a mortgage on a piece of woodland in Berlin, called the Perley lot, containing about one hundred and forty acres, worth at least $25 per acre, said mortgage being for the sum of $750, which, with interest thereon,…
1Opinion of the Court
*52The opinion of the court was delivered by
Ross, J.
The masters’ report finds that the deed of the Perley lot, though absolute in form, was, as between the parties, in fact a mortgage to secure to the defendant any indebtedness which the orator might be then owing him, or which he might thereafter owe him. The finding of a master in matters referred to him, in regard to the facts established by the testimony, is as conclusive upon the parties as the verdict of a jury in a civil cause, and will be reviewed or set aside only for the same reasons that a verdict would be. Where there is evidence…
2Cited by17 opinions
- Turley v. TurleyTennessee Supreme Court · 1886
- Hitchcock v. KennisonSupreme Court of Vermont · 1921
- Earle's Admr. v. BlanchardSupreme Court of Vermont · 1911
- In re MerrillSupreme Court of Vermont · 1881
- Waterman v. BuckSupreme Court of Vermont · 1885
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