Legal Opinion

Shattuck v. Gay

Supreme Court of Vermont

Decided August 15, 1872PublishedCited by 12 opinions

Appeal from the court of chancery. The bill was taken pro eonfesso as to the defendant Kelsey, but was answered by the defendant Gay, and the answer was traversed, and testimony taken.

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Appeal from the court of chancery. The bill was taken pro eonfesso as to the defendant Kelsey, but was answered by the defendant Gay, and the answer was traversed, and testimony taken. The oratrix’s mortgage, by its terms, was made subject to Hiram Kelsey’s mortgage and to the defendant Gay’s mortgage, and the minute of the town clerk upon said first named mortgage, and the town records, show;ed that the same was received for record half an hour later than the said Gay’s mortgage. The other facts sufficiently appear in the opinion of the court. The court of chancery, Ross, Chancellor, decreed…

1Opinion of the Court

The opinion of the court was delivered by

Redfield, J.

- This is a bill in equity to reform a mortgage deed, and give it preference to the mortgage deed on the same premises held by the defendant Gay,

*89No question is made in argument that the order of the court of chancery, suppressing certain testimony, was improperly made.

The oratrix, in the bill, avers that it was agreed between herself and Orville R. Kelsey, her mortgagor, and assented to by defendant Gay, that her mortgage should take the precedence. Defendant Gay sold the farm to Orvilíe R. Kelsey, then incumbered by a mortgage to Hiram…

2Cited by12 opinions

  1. Jarrell v. JarrellWest Virginia Supreme Court · 1886
  2. Town of Enfield v. HamiltonSupreme Court of Connecticut · 1930
  3. Ward v. LymanSupreme Court of Vermont · 1937
  4. Sloan v. BeckerSupreme Court of Minnesota · 1886
  5. Barry v. HarrisSupreme Court of Vermont · 1877

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