Legal Opinion

Bailey v. Holden

Supreme Court of Vermont

Decided August 15, 1877PublishedCited by 2 opinions

[In Chancery.] Appeal from the Court of Chancery. The bill alleged, that on October 12, 1860, Luther Poland conveyed to Thomas N. Courser, a piece of land in Montpelier, lying on the easterly and the westerly sides of the road leading along the north branch of Onion River; that on the same day Courser and his wife, mortgaged said land to Luke P. Poland, to secure the payment of a note of that date, for $500, and to Zenas Wood, to secure the payment of a note for $750, and…

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[In Chancery.] Appeal from the Court of Chancery. The bill alleged, that on October 12, 1860, Luther Poland conveyed to Thomas N. Courser, a piece of land in Montpelier, lying on the easterly and the westerly sides of the road leading along the north branch of Onion River; that on the same day Courser and his wife, mortgaged said land to Luke P. Poland, to secure the payment of a note of that date, for $500, and to Zenas Wood, to secure the payment of a note for $750, and that said last-mentioned note and mortgage, were subsequently assigned to said Luke P. Poland, and the mortgage by him…

1Opinion of the Court

The opinion of the court was delivered by

Barrett, J.

L. P. Poland conveyed to Courser the premises in question in 1860, situate on opposite sides of a highway, Courser on the same day mortgaging the same back to Poland to secure a note for $500. On the same day he mortgaged to Wood to secure a note for $750, which note and mortgage were after-wards assigned to Poland. In January, 1864, Courser deeded to Lucinda Jones the part of the premises west of the highway, by deed conditioned to pay said mortgages up to $1297. On the same day she mortgaged to Stiles to secure a note for $500. She died in…

2Cited by2 opinions

  1. Quinn v. Hall, Jr.Supreme Court of Rhode Island · 1914
  2. Stewart v. FlintSupreme Court of Vermont · 1884

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