Nash v. Kelley
Supreme Court of Vermont
[In Chancery.] Petition for Foreclosure in common form. The petition was brought to foreclose a mortgage on lot No. 50 on Drew’s plan of city lots in the city of Burlington, executed by Ellen Welch and Patrick, her husband, on April 10, 1873, to secure to Catherine Kelley the payment of $450, specified in their nine fifty-dollar notes of that date, given for the purchase-money of said lot, of which notes the petitioners had become the owners, through one Patrick McKenzie, to…
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[In Chancery.] Petition for Foreclosure in common form. The petition was brought to foreclose a mortgage on lot No. 50 on Drew’s plan of city lots in the city of Burlington, executed by Ellen Welch and Patrick, her husband, on April 10, 1873, to secure to Catherine Kelley the payment of $450, specified in their nine fifty-dollar notes of that date, given for the purchase-money of said lot, of which notes the petitioners had become the owners, through one Patrick McKenzie, to whom they had been transferred by the Welches. The Welches, said Catherine and John W., her husband, McKenzie, Elliot…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
In April, 1873, Catherine Kelley conveyed lot No. 50 to Ellen Welch, and took back a mortgage to secure the purchase-money of $450, in nine $50 notes, signed by said Ellen and her husband, Patrick Welch. Welches lived on the premises until January 9, 1875. March 12, 1875, Kelley turned these notes over to Patrick McKenzie, as payment or security for a purchase of a stock of goods. March 15, 1875, McKenzie turned these notes out to the petitioners, to secure them for a debt, and for a further indorsement. On January 2, 1875, McKenzie…
2Cases cited2 opinions
- Jarvis v. AikensSupreme Court of Vermont · 1853
- Belding v. ManlySupreme Court of Vermont · 1849
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