Burton v. Austin
Supreme Court of Vermont
This was ejectment for the undivided half of lot no. 167, in Highgate. Plea, not guilty. On the trial in the county court, the plaintiff read in evidence a mortgage deed from the defendant, James Austin, to himself, conveying the undivided half of said lot, dated Nov. 26, 1828, and given to secure the payment of anote of that date for $100. The plaintiff, also, read in evidence the copy of a deed, duly certified, from the defendant, Austin, to the defendant, Blake, of the…
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This was ejectment for the undivided half of lot no. 167, in Highgate. Plea, not guilty. On the trial in the county court, the plaintiff read in evidence a mortgage deed from the defendant, James Austin, to himself, conveying the undivided half of said lot, dated Nov. 26, 1828, and given to secure the payment of anote of that date for $100. The plaintiff, also, read in evidence the copy of a deed, duly certified, from the defendant, Austin, to the defendant, Blake, of the same undivided half of said lot,dated June, 1829, and describing said premises as subject to said mortgage to the…
1Opinion of the Court
Hutchinson, C. J.,
pronounced the opinion of the Court. — <• The plaintiff, as mortgagee, has recovered nominal damages and his cost, but has not recovered the land sued for. The county courb 'n seems, considered that the defendant’s paying the amount of the decree of foreclosure, still left them liable to pay what cost had arisen in the action of ejectment at the time of such payment, though such action was commenced after the decree was made.
In revising this decision, we are led to examine the title of the mortgagee to the mortgaged premises. His title enables him to hold till his debt is…
2Cited by6 opinions
- Cheney v. CheneySupreme Court of Vermont · 1854
- Administrators of Tryon v. TryonSupreme Court of Vermont · 1844
- Paul v. FriesSupreme Court of Florida · 1882
- Edgerton v. ClarkSupreme Court of Vermont · 1848
- Barnes v. BeachSupreme Court of Vermont · 1846
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