Legal Opinion

Wheelock v. Moulton

Supreme Court of Vermont

Decided February 15, 1843PublishedCited by 17 opinions

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…

Read the full summary

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

  1. Roberts v. ButtonSupreme Court of Vermont · 1842

3Cited by17 opinions

  1. Home Fire Insurance v. BarberNebraska Supreme Court · 1903
  2. Parker v. Bethel Hotel Co.Tennessee Supreme Court · 1896
  3. Aransas Pass Harbor Co. v. ManningTexas Supreme Court · 1901
  4. Chittenden Trust Co. v. Sebert Lumber, Co. (In Re Vermont Toy Works, Inc.)United States Bankruptcy Court, D. Vermont · 1987
  5. Gashwiler v. WillisCalifornia Supreme Court · 1867

12 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API