Kopper v. Dyer
Supreme Court of Vermont
Bill in Chancery. Heard on the pleadings and special master’s report, December Term, 1886, Taft, Chancellor. It appeared that in August, 188Ó, John M. Dyer sold and conveyed to Frederick Kopper the premises described in' the original bill, being the real estate known as the Lake Dun-more hotel property, in Salisbury, together with a large amount of personal property, for the agreed price of $13,500. Of the purchase money, the sum of $10,500 was secured by a mortgage of the…
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Bill in Chancery. Heard on the pleadings and special master’s report, December Term, 1886, Taft, Chancellor. It appeared that in August, 188Ó, John M. Dyer sold and conveyed to Frederick Kopper the premises described in' the original bill, being the real estate known as the Lake Dun-more hotel property, in Salisbury, together with a large amount of personal property, for the agreed price of $13,500. Of the purchase money, the sum of $10,500 was secured by a mortgage of the real estate and a mortgage of the personal property, both executed by Kopper to Dyer, August 23, 1880. The condition of…
1Opinion of the Court
The opinion of the court was delivered by
Rowell, J.
Kopper seeks relief on the ground of accident. That chancery may grant relief on that ground in cases of this kind cannot be doubted ; and the first question that arises is, Has the orator made a case that calls for the interposition of the court in his behalf?
The term accident, in its legal signification, is difficult to define. Judge Stoiiy defines it as embracing “not merely inevitable casualty, or the act of Providence, or what is technically called vis major, or irresistible force; but such unforeseen-events, misfortunes, losses, acts,…
2Cases cited17 opinions
- Frow v. De La VegaSupreme Court of the United States · 1872
- Comstock v. . DrohanNew York Court of Appeals · 1877
- Kershaw v. ThompsonNew York Court of Chancery · 1820
- Clason v. MorrisCourt for the Trial of Impeachments and Correction of Errors · 1812
- Henry v. TupperSupreme Court of Vermont · 1857
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3Cited by16 opinions
- Ivy v. HoodSupreme Court of Alabama · 1918
- Wheeling & Elm Grove R. R. v. Town of TriadelphiaWest Virginia Supreme Court · 1905
- Caine v. PowellOregon Supreme Court · 1948
- Hitt v. CarrIndiana Court of Appeals · 1921
- Mulrey v. CarberryMassachusetts Supreme Judicial Court · 1910
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