Harrington v. Donaldson
Supreme Court of Vermont
Ejectment for certain premises in Alburgin Plea, the general issue, and trial by jury, at the February Term, 1857, — Peck, J., presiding.
Read the full summary
Ejectment for certain premises in Alburgin Plea, the general issue, and trial by jury, at the February Term, 1857, — Peck, J., presiding. The plaintiff proved the defendants in possession of the premises at the commencement of the actionj and introduced in evidence, in support of his right to recover, a deed of the premises from the defendant Donaldson to the plaintiff, dated April 8th, 1854, in the form of a mortgage, with a condition of defeasance in case Donaldson, or his heirs or assigns, should pay to the plaintiff four promissory notes, dated April 8th, 1854, for one hundred dollars…
1Opinion of the Court
Redeield, Ch. J.
This is an action of ejectment to recover possession of mortgaged premises. The deed was in form a technical mortgage as to the notes described in it, which we suppose to have been given for the price of the land or a portion of it. But the controversy in the case is in regard to the special terms of the condition whereby the mortgagor binds himself to put a good cellar under the frame for a house (his own house), and finish off the same in good style and paint it white within one year, and *538that all additions to the house and out buildings upon the premises should be well…
2Cited by1 opinion
- Jacobs v. JewettSupreme Court of Vermont · 1960