Arms v. Conant
Supreme Court of Vermont
Bill in Chancery. The bill alleged that the orator had a debt against the Rutland & Burlington Railroad Company, and that he prayed out a writ of attachment thereon, returnable to the September Term of Windham County Court, 1855, and caused the same to be secured by attaching said real estate as the property of said Rutland & Burlington Railroad Company, and that he subsequently recovered judgment in said suit for the sum of $2,812.90. damages and his costs, and that…
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Bill in Chancery. The bill alleged that the orator had a debt against the Rutland & Burlington Railroad Company, and that he prayed out a writ of attachment thereon, returnable to the September Term of Windham County Court, 1855, and caused the same to be secured by attaching said real estate as the property of said Rutland & Burlington Railroad Company, and that he subsequently recovered judgment in said suit for the sum of $2,812.90. damages and his costs, and that execution was drly issued thereon, and extended upon said real estate, and that the time of redemption had long since elapsed…
1Opinion of the Court
Poland, Ch. J.
The orator upon this bill would be entitled to a decree allowing him to redeem the defendant Conant’s morfe *748gage, but such a decree he declines, and claims a decree that the premises covered by bis levy of execution should be wholly relieved from said mortgage, on the ground that as against him it is of no legal force and validity. The only objection made against the mortgage from the Rutland & Burlington Railroad Company to the defendant Conant, is that the meeting of the directors of the company, at which the vote was passed authorizing the president of the company to execute…
2Cases cited2 opinions
- McCall v. Byram Manufacturing Co.Supreme Court of Connecticut · 1827
- Miller v. EwerSupreme Judicial Court of Maine · 1847
3Cited by3 opinions
- Dodge v. City of Council BluffsSupreme Court of Iowa · 1881
- State ex rel. Attorney General v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1878
- People v. HoyneAppellate Court of Illinois · 1913