Hathaway v. Hagan
Supreme Court of Vermont
Petition to foreclose a mortgage. After the coming in of the master’s report, the defendant filed a cross-bill, to which the orator demurred. Heard upon demurrer at the March term, 1891, Washington county. Munson, chancellor, sustained the demurrer and dismissed the cross-bill. The defendants appeal. The opinion states the case. A bill of foreclosure in Yermont simply extinguishes the defendant’s equity in the premises.
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Petition to foreclose a mortgage. After the coming in of the master’s report, the defendant filed a cross-bill, to which the orator demurred. Heard upon demurrer at the March term, 1891, Washington county. Munson, chancellor, sustained the demurrer and dismissed the cross-bill. The defendants appeal. The opinion states the case. A bill of foreclosure in Yermont simply extinguishes the defendant’s equity in the premises. Any balance due either way must be recovered by a suit at law. Lovell v. Leland, 3 Yt. 581. A cross-bill can only be maintained by the defendant in reference to some matter…
1Opinion of the Court
*137The opinion of the court was delivered by
TYLER, J.
The orator brought his bill to foreclose a
mortgage, claiming that its condition had been broken by the non-payment by the defendant of two of the notes described therein, and praying that the defendant’s equity of redemption in the mortgaged premises might be terminated by a day to be fixed by the Chancellor.
The affidavit, which the defendant filed and which seems to have been treated in the case as an answer, merely states that there was but little if anything due upon the notes. The case was referred to the clerk as master to ascertain what…
2Cases cited18 opinions
- McMillan v. RichardsCalifornia Supreme Court · 1858
- Richards v. ToddMassachusetts Supreme Judicial Court · 1879
- Barnes v. DowSupreme Court of Vermont · 1887
- Kopper v. DyerSupreme Court of Vermont · 1887
- Slason v. WrightSupreme Court of Vermont · 1842
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3Cited by4 opinions
- Young v. VailNew Mexico Supreme Court · 1924
- Brown v. DerwaySupreme Court of Vermont · 1937
- Hyde Park Lumber Co. v. HuntSupreme Court of Vermont · 1916
- Hill v. LongeSupreme Court of Vermont · 1921