Legal Opinion

Benton v. Bailey

Supreme Court of Vermont

Decided August 15, 1877PublishedCited by 1 opinion

Petition for partition of lot No. 38 in the second division of lots in Maidstone, alleging that the petitioner was the owner, seised and possessed, of one undivided half of said lot, and that the defendant Bailey was the owner of the other half, which was subject to a mortgage to the defendant Boyce.

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Petition for partition of lot No. 38 in the second division of lots in Maidstone, alleging that the petitioner was the owner, seised and possessed, of one undivided half of said lot, and that the defendant Bailey was the owner of the other half, which was subject to a mortgage to the defendant Boyce. Pleas, that the petitioner was not owner nor seised and possessed as alleged, and that the defendants were not joint tenants, tenants in common, nor coparceners with the petitioner. Trial by the court, September Term, 1876, Ross, J., presiding. The petitioner introduced in evidence a deed of said…

1Opinion of the Court

The opinion of the court was delivered by

Eedfjeld, J.

This is a petition for partition. The defendant Boyce and one Augustus Drew bought of Mr. Green the land in question, took a deed jointly to themselves, paid a part of the purchase money, and executed' their joint note and mortgage, to secure the balance of the price. The petitioner, as the creditor of Drew, sued him, obtained judgment, and set off the undivided half of the land as the property of Drew. At the time the land was attached it was subject to the mortgage to Green ; but before the levy and set-off, the mortgage had been paid,…

2Cases cited3 opinions

  1. Bardwell v. PerrySupreme Court of Vermont · 1847
  2. Porter v. GileSupreme Court of Vermont · 1872
  3. Allen v. OgdenSupreme Court of Vermont · 1840

3Cited by1 opinion

  1. Richardson v. Richardson, Admr.Supreme Court of Vermont · 1940

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