Blodgett v. Blodgett
Supreme Court of Vermont
Appeal from the Court of Chancery. This was a bill to redeem a yoke of oxen and a marc. The bill was answered, and witnesses were examined before Ross, Chancellor, by agreement, and the following facts found: On February 28, 1870,.the orator confessed judgment in favor of one Fuller, for $151.18 damages and.costs, whereon execution was issued.
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Appeal from the Court of Chancery. This was a bill to redeem a yoke of oxen and a marc. The bill was answered, and witnesses were examined before Ross, Chancellor, by agreement, and the following facts found: On February 28, 1870,.the orator confessed judgment in favor of one Fuller, for $151.18 damages and.costs, whereon execution was issued. The judgment and execution were assigned to the defendant, and the execution put into the hands of an officer for collection, who was about to levy the same on said property, when, on April 28, 1870, the orator, to prevent said property from being taken…
1Opinion of the Court
The opinion of the court was delivered by
Royce, J.
Upon the facts -found by the chancellor, the bill of sale executed by the orator on the 28th of April, 1870, of the property described therein, was in legal effect a mortgage. Wood v. Dudley, 8 Vt. 430; Atwater v. Mower, 10 Vt. 75; Coty v. Barnes, 20 Vt. 78. And, although after condition broken the legal title to the property vested in the mortgagee, the mortgagor had the right to redeem by the payment or tender of payment of the amount the mortgage was given to secure. A mortgagor of .personal property after condition broken has an equity of…
2Cases cited6 opinions
- Charter v. StevensNew York Supreme Court · 1846
- Patchin v. PierceNew York Supreme Court · 1834
- Hinman v. JudsonNew York Supreme Court · 1852
- Wood v. DudleySupreme Court of Vermont · 1836
- Coty v. BarnesSupreme Court of Vermont · 1847
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Mitchell v. AldrichSupreme Court of Vermont · 1960
- Street v. SinclairSupreme Court of Alabama · 1881
- Whiting v. AdamsSupreme Court of Vermont · 1894
- Rockwell v. HumphreyWisconsin Supreme Court · 1883
- Thompson v. FairbanksSupreme Court of Vermont · 1903
7 more not listed; retrieve them via the Exa API.