Thomas v. Warner
Supreme Court of Vermont
This was an appeal from a decree of the court of chancery. The orator in his bill, set forth and charged, among other things, that, on the 18th January, 1830, one Thomas Pate conveyed to the defendant, Warner, by deed of mortgage, a certain lot of land in Burlington, being five acre lot, No. 77, according to the plan of said town, to secure the payment of six notes of hand, of $200 each, payable, successively, on the 1st of April, in the years 1830, 1831, 1832, 1833, 1834,…
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This was an appeal from a decree of the court of chancery. The orator in his bill, set forth and charged, among other things, that, on the 18th January, 1830, one Thomas Pate conveyed to the defendant, Warner, by deed of mortgage, a certain lot of land in Burlington, being five acre lot, No. 77, according to the plan of said town, to secure the payment of six notes of hand, of $200 each, payable, successively, on the 1st of April, in the years 1830, 1831, 1832, 1833, 1834, and 1835, with interest annually, at 4 per cent.; that, on the 17th of May, 1831, Pate conveyed the same lot to the…
1Opinion of the Court
*113The opinion of the court was delivered by
Bennett, J.
The primary object of this bill is to enable the orator to be let in to redeem ; and if the orator is not entitled to this relief, that he may have the amount of the judgment, recovered by the defendant against him, for rents and profits, at the March term of the county court, 1832, with the interest, refunded to him. The bill alleges that the collection of the execution, for the rents and profits, was jprior to the expiration of the decree of foreclosure, and that the balance of the first instalment had been tendered.
The answer denies that…
2Cited by10 opinions
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- Olmstead v. AbbottSupreme Court of Vermont · 1888
- Calkins v. ClementSupreme Court of Vermont · 1881
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