Town of Middletown v. Adams
Supreme Court of Vermont
Petition for a new trial, founded on the discovery of new and material testimony. The petitioners set forth, in their petition, that at the September term of Rutland county court, 1838, the petiti-onee recovered a final judgment in his favor against the petitioners, in an action against them for the neglect or fraud of Cyrus Adams, in his capacity of town clerk of Middle-town, in not recording, according to law, two mortgage deeds, executed by said Cyrus to the petitionee,…
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Petition for a new trial, founded on the discovery of new and material testimony. The petitioners set forth, in their petition, that at the September term of Rutland county court, 1838, the petiti-onee recovered a final judgment in his favor against the petitioners, in an action against them for the neglect or fraud of Cyrus Adams, in his capacity of town clerk of Middle-town, in not recording, according to law, two mortgage deeds, executed by said Cyrus to the petitionee, on the third day of June, 1826, to secure the payment of six thousand dollars; that the petitionee proved, on the trial…
1Opinion of the Court
The opinion of the court was delivered by
Royce, J.
The defence to the action, in which a new trial is prayed for,was that the act of the town clerk, in recording the deeds to the petitionee, by copying them upon the blank leaf of a record book, which had been laid aside for some years, and omitting to alphabet them, was done with the knowledge and consent of the petitionee, and with a view to conceal the knowledge of the mortgages from other creditors of Cyrus Adams, the mortgagor.
Much testimony appears to have been given, at the trial of the action, in support of this defence, and in answer…
2Cited by6 opinions
- Lampsen v. BranderSupreme Court of Minnesota · 1881
- State v. StainSupreme Judicial Court of Maine · 1890
- Noyes v. SpauldingSupreme Court of Vermont · 1855
- Town of Westmore v. Town of SheffieldSupreme Court of Vermont · 1883
- Usher v. AllenSupreme Court of Vermont · 1915
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