Ordway v. Farrow
Supreme Court of Vermont
Appear in Chancery. Heard on bill, answer, and master’s report at the December Term, Caledonia County, 1905, MunsonChancellor.
Read the full summary
Appear in Chancery. Heard on bill, answer, and master’s report at the December Term, Caledonia County, 1905, MunsonChancellor. Decree, “That the course taken by the orator — with full knowledge of all the matters affecting his rights — in submitting to a trial at law, taking the case to the Supreme Court, having the case continued there, and deferring the bringing of the bill until the case was about to be heard, disentitles him to equitable relief; and it is therefore ordered and decreed that the bill be dismissed with costs.” The defendant appealed. On November 3, igoo, by a verbal…
1Opinion of the CourtWatson, J.
By the defendant’s conveyance of the timber, an estate was created and vested in the orator, the continuance of which depended upon the performance of the conditions, first, to pay the note described in the deed, and secondly, to *197remove the timber within three years. These are conditions subsequent, — Shep. Touch. 117; 4 Kent Com. 125, — and exclusive of the second, the relation created between the parties does not differ in legal effect from the ordinary case of conveyance of absolute title with mortgage back to secure a portion of the purchase money. Moulthrop v. Farmer’s Mu. Fire Ins. Co.,…
2Cases cited10 opinions
- Davis v. GraySupreme Court of the United States · 1873
- US v. Don Fernando De La Maza Arredondo & OthersSupreme Court of the United States · 1832
- Battell v. MatotSupreme Court of Vermont · 1885
- Blodgett v. BlodgettSupreme Court of Vermont · 1875
- Taylor v. GilmanSupreme Court of Vermont · 1853
5 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- L. Paul Dieffenbach, Jr. v. Attorney General of Vermont, Hazel M. Stevenson, Robert B. Young, First National Bank of Orwell, Inc.Court of Appeals for the First Circuit · 1979
- Wilkins v. SomervilleSupreme Court of Vermont · 1907
- DeGoosh v. Baldwin & RussSupreme Court of Vermont · 1912
- First National Bank of Vermont v. L.H. & A. Realty Co. (In Re L.H. & A. Realty Co.)United States Bankruptcy Court, D. Vermont · 1986
- German Evangelical Protestant Congregation of the Church of the Holy Ghost v. SchreiberSupreme Court of Missouri · 1919