Durant v. Pratt
Supreme Court of Vermont
Bill of foreclosure with a prayer to redeem prior mortgages. Heard on a master’s report, March Term, 1881. Redfield, Chancellor, decreed that the orator should' pay, as a prior incumbrance, the Mann decree, paid by J. J. Pratt, — $599.18, with interest; and that the J. J. Pratt mortgage, as against the orator was extinguished except the $100 note. Appeal by defendants.
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Bill of foreclosure with a prayer to redeem prior mortgages. Heard on a master’s report, March Term, 1881. Redfield, Chancellor, decreed that the orator should' pay, as a prior incumbrance, the Mann decree, paid by J. J. Pratt, — $599.18, with interest; and that the J. J. Pratt mortgage, as against the orator was extinguished except the $100 note. Appeal by defendants. The master found that the said H. J. Pratt executed a mortgage on the premises in question in 1864 to one Mann ; that in 1872 he executed a second mortgage to said J. J. Pratt, securing one note for $100, and another note for…
1Opinion of the Court
The opinion of the court was delivered by
Taft, J.
This case was heard on a master’s report. But one question is made in the case, and that is, whether there is more than one hundred dollars due the defendant, J. J. Pratt, under the mortgage dated May 31, 1872.
The master reported that a valid claim did exist under said mortgage, in'addition to the one hundred dollar claim, amounting to six hundred and sixty-eight dollars and sixty-five cents, which, with interest, was a lien on said premises in favor of J. J. Pratt, “ unless the court should determine from the reported facts that the same had…
2Cases cited1 opinion
- Hackett v. CallenderSupreme Court of Vermont · 1859
3Cited by7 opinions
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- Pierce's Administrator v. PierceSupreme Court of Vermont · 1894
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