Legal Opinion

Ludlow Savings Bank & Trust Co. v. Knight

Supreme Court of Vermont

Decided January 18, 1917PublishedCited by 9 opinions

Petition to foreclose a mortgage upon real estate. Heard in vacation after the June Term, 1916, Windsor County, Slack, Chancellor, on appeal from the assessment by the clerk of the amount due in equity under the mortgage. Decree, sustaining the assessment. The defendant moved for an appeal, but permission therefor was not given by the chancellor. In Supreme Court the petitioner moved to dismiss the attempted appeal.

1Per curiam

The plaintiff brought a petition in chancery therein seeking to foreclose a mortgage covering premises on which defendant held a second mortgage. The defendant seasonably entered his appearance therein, but did not make answer or file an affidavit of defence. Ch. Rule 38. In due course, the petition was taken as confessed, and the sum due in equity was found by the clerk. From this assessment the defendant appealed to the chancellor. The assessment was sustained and a decree made accordingly. The defendant seasonably filed his motion for an appeal, but the chancellor did not grant permission…

2Cases cited3 opinions

  1. Abbott v. SandersSupreme Court of Vermont · 1910
  2. Gove v. Gove's Admr.Supreme Court of Vermont · 1914
  3. Tudor v. KennettSupreme Court of Vermont · 1914

3Cited by9 opinions

  1. Vermont National Bank v. ClarkSupreme Court of Vermont · 1991
  2. Murphy Motor Sales, Inc. v. First National BankSupreme Court of Vermont · 1960
  3. Page v. Page's AdministratorSupreme Court of Vermont · 1917
  4. Fire District No. 1 v. Graniteville Spring Water Co.Supreme Court of Vermont · 1930
  5. Westinghouse Electric Manufacturing Co. v. Barre & Montpelier Traction & Power Co.Supreme Court of Vermont · 1924

4 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API