Newell v. Hurlburt
Supreme Court of Vermont
This bill was brought to foreclose the equity of redemption upon a mortgage, executed by Hurlburt on the 15th. day of Octo-Ij^r, 1821, to the plaintiff, conditioned for the payment of a note, bearing date the same day, for the sum of $600. After the execution of the mortgage and before the filing of the bill, Hurlburt, for a valuable consideration, conveyed the mortgaged premises to Holmes.
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This bill was brought to foreclose the equity of redemption upon a mortgage, executed by Hurlburt on the 15th. day of Octo-Ij^r, 1821, to the plaintiff, conditioned for the payment of a note, bearing date the same day, for the sum of $600. After the execution of the mortgage and before the filing of the bill, Hurlburt, for a valuable consideration, conveyed the mortgaged premises to Holmes. Both defendants, in their answers, admitted the execution of the note and mortgage, but denied that there was any 'due in equity upon them. The answer of Hurlburt stated that on the 31st day of August,…
1Opinion of the Court
After argument, the opinion of the Court was delivered by
Prentiss, Chancellor.
The answer of Hurlburt, as to every material fact stated in it, is very fully supported by the proofs itl the case. The written'memorandum, and the note and mortgage, were all executed at the same time ; and from the memorandum, as well as from the testimony, it clearly appears, that the note and mortgage were executed and delivered to secure the payment of, and to indemnify the plaintiff against, the entire debt due to the estate of Pierson, and one half only of the debt due to Ross and Dickinson ; and that on the…
2Cited by4 opinions
- Rardin v. WalpoleIndiana Supreme Court · 1871
- Pierson v. CatlinSupreme Court of Vermont · 1830
- Nason v. Addison County Trust Co.Supreme Court of Vermont · 1932
- Perkins v. CurrierU.S. Circuit Court for the District of Maine · 1847