Jeffers v. Pease
Supreme Court of Vermont
Trover for certain trees cut on land mortgaged to the plaintiff. Plea, the general issue. Heard on a referee’s report and the defendants’ motion to recommit the same, at the October Term, 1901, Essex County, Taft, C. J., presiding. Motion denied and judgment for the plaintiff. The defendants excepted.
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Trover for certain trees cut on land mortgaged to the plaintiff. Plea, the general issue. Heard on a referee’s report and the defendants’ motion to recommit the same, at the October Term, 1901, Essex County, Taft, C. J., presiding. Motion denied and judgment for the plaintiff. The defendants excepted. The plaintiff held a properly recorded, overdue mortgage on a certain piece of land, from which the mortgagors cut a quantity of timber and sold it to the defendants, who paid them for it, manufactured it into lumber, and converted it to their own use. The plaintiff also held an unsecured note…
1Opinion of the CourtWatson, J.
The overruling of the motion to recommit the report was a matter of discretion, and not revisable in this court. Wilkinson’s Admr. v. Wilkinson, 61 Vt. 409, 17 Atl. 795.
The record of the mortgage was constructive notice to the defendants that the land on which the logs purchased by them were cut, was encumbered by such a mortgage to secure the payment óf a note to the plaintiff, of the same date as the mortgage and for $156.51 with interest annually. The defendants were thereby put upon inquiry, and they were chargeable with *218knowledge that the note and mortgage were overdue; for inquiry of…
2Cases cited8 opinions
- Langdon v. PaulSupreme Court of Vermont · 1850
- Lull v. MatthewsSupreme Court of Vermont · 1847
- Allen v. GatesSupreme Court of Vermont · 1900
- Morey v. McGuireSupreme Court of Vermont · 1832
- Hicks' Estate v. BlanchardSupreme Court of Vermont · 1888
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Allen's Admr. v. Allen's Admr.Supreme Court of Vermont · 1906
- Page v. Lyle H. Hall, Inc.Supreme Court of Vermont · 1965
- Van Dyke v. Grand Trunk Railway Co.Supreme Court of Vermont · 1911
- Miller v. Hortman-Salmen Co.Louisiana Court of Appeal · 1933
- Town of Bristol v. United States ex rel. Small Business AdministrationDistrict Court, D. Vermont · 1970
2 more not listed; retrieve them via the Exa API.