Legal Opinion

Wells v. Tucker

Supreme Court of Vermont

Decided October 15, 1884PublishedCited by 7 opinions

Bill to redeem. Heard on bill, answers, and master’s report, March Term, 1884, Washington Ctounty. Powers, Chancellor, decreed that the bill be dismissed. The oratrix, Eleanor C. Wells, was the wife of the defendant, Hénry C. Wells, and Susan L. Wells was his mother. It appeared from the report, that the defendant, C. W. Tucker, in 1874, conveyed a farm, subject to two mortgages, to the defendant, H. C. Wells.

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Bill to redeem. Heard on bill, answers, and master’s report, March Term, 1884, Washington Ctounty. Powers, Chancellor, decreed that the bill be dismissed. The oratrix, Eleanor C. Wells, was the wife of the defendant, Hénry C. Wells, and Susan L. Wells was his mother. It appeared from the report, that the defendant, C. W. Tucker, in 1874, conveyed a farm, subject to two mortgages, to the defendant, H. C. Wells. Said Tucker gave one of said mortgages on an undivided half of said farm to his mother, Elvira D. Tucker, to secure to her a life support, and also three $500 notes; and at the same…

1Opinion of the Court

The opinion of the court was delivered by

Rowell, J.

On the facts found by the master, and on the authority of Collins v. Adams’s Executor, 53 Vt. 433, it is considered that the transaction touching the $500 note held by the oratrix, Susan L. Wells, amounted to a payment of said note by the defendant Wells, and not to a purchase thereof by the said oratrix. This leaves the said oratrix to stand for a right to redeem on her deed from the said defendant of May 1, 1881.

As to the oratrix, Eleanor E. Wells, she stands on her inchoate right of homestead in the premises; and it is not denied but that…

2Cases cited2 opinions

  1. Collins v. Adams's ExecutorsSupreme Court of Vermont · 1881
  2. Simkins v. EddieSupreme Court of Vermont · 1884

3Cited by7 opinions

  1. Compton v. JesupCourt of Appeals for the Sixth Circuit · 1895
  2. Kopper v. DyerSupreme Court of Vermont · 1887
  3. Perry v. WardSupreme Court of Vermont · 1909
  4. Green v. KelleySupreme Court of Vermont · 1892
  5. Bartlett v. WadeSupreme Court of Vermont · 1894

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