President of Grafton Bank v. Doe
Supreme Court of Vermont
Appeal from the court of chancery. The orators alleged in their bill, that Martha Porter, on the eighth of September, 1823,. was indebted to the orators in the sum of five hundred dollars, specified in a promissory note of that date, payable in four years, with interest annually; that on the twelfth of March, 1825, she executed to the orators a mortgage deed of certain land in Newbury, to secure the payment of said note; that she died September 27, 1825, leaving a will; that…
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Appeal from the court of chancery. The orators alleged in their bill, that Martha Porter, on the eighth of September, 1823,. was indebted to the orators in the sum of five hundred dollars, specified in a promissory note of that date, payable in four years, with interest annually; that on the twelfth of March, 1825, she executed to the orators a mortgage deed of certain land in Newbury, to secure the payment of said note; that she died September 27, 1825, leaving a will; that William T. Haddock was appointed executor of her will in New-Hampshire, and administrator, with the will annexed, in…
1Opinion of the Court
The opinion of the court was delivered by-
Kellogg, J.
The defendants insist, that the orators are not entitled to a decree.
In the first place they say the cause of action is barred by the statute of limitations. The mortgage note bears date September 8, 1823, and is made payable in four years, with interest annually, and is witnessed. The subpmna to the orators’ bill was issued August 4, 1841, and served September 1, 1841. The note, being witnessed, would not be barred by the statute, until the expiration of fourteen years after it fell due. By its terms it fell due on the 8th of September,…
2Cited by22 opinions
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- Hiscock v. HiscockMichigan Supreme Court · 1932
- Stark Bros. v. GoodingMissouri Court of Appeals · 1914
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