Wheelock v. Moulton
Supreme Court of Vermont
This was an appeal from a decree of the court of chancery, in favor of the orator, upon a bill of foreclosure, in which the orator alleged, that the defendants, Moulton &> Hutchinson, on the 3rd day of September, 1835, by deed, under their hand and seal, in which they described themselves as “ sole proprietors and owners of all the shares of the Woodstock Manufacturing Company,” conveyed to the orator “a certain piece of land, lying and being in Wood- * stock, in the county…
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This was an appeal from a decree of the court of chancery, in favor of the orator, upon a bill of foreclosure, in which the orator alleged, that the defendants, Moulton &> Hutchinson, on the 3rd day of September, 1835, by deed, under their hand and seal, in which they described themselves as “ sole proprietors and owners of all the shares of the Woodstock Manufacturing Company,” conveyed to the orator “a certain piece of land, lying and being in Wood- * stock, in the county of Windsor, and state of Vermont, ‘ described as follows, viz.: it being two hundred shares, ‘ numbers as follows — No.…
1Opinion of the CourtRedfield, J.
It is hardly necessary to say, that, if the orators prevail hete, it must be, as in all cases, secundum allegata et probata. This is a bill of foreclosure, upon the land described, counting upon the deed, as a mortgage of the land, executed by the company. It is neither a bill to *521compel the company to assume the payment of the debt, as one contracted by their agents, for their benefit, nor, to compel them to perfect an imperfect conveyance; but merely a common bill of foreclosure, giving, as every pleader should do, the construction of the deed upon which the orator bases his claim., To…
2Cases cited1 opinion
- Roberts v. ButtonSupreme Court of Vermont · 1842
3Cited by17 opinions
- Home Fire Insurance v. BarberNebraska Supreme Court · 1903
- Parker v. Bethel Hotel Co.Tennessee Supreme Court · 1896
- Aransas Pass Harbor Co. v. ManningTexas Supreme Court · 1901
- Chittenden Trust Co. v. Sebert Lumber, Co. (In Re Vermont Toy Works, Inc.)United States Bankruptcy Court, D. Vermont · 1987
- Gashwiler v. WillisCalifornia Supreme Court · 1867
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