Cummings v. Black & Covell
Supreme Court of Vermont
Petition of foreclosure. Heard upon bill, answer,and the report of a special master at the-March term, 1892, Washington county. Thompson, chancellor, decreed for the orator as to the entire premises claimed by him.. The de- ■ fendants appeal. The-opinion states the case. The last description will prevail. Wilder v. Davenport, 58 Vt. 642; Lippett v. Kelley, 46 Vt. 516; 2 Wash. Real Prop. 684. The description by metes and bounds must govern.
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Petition of foreclosure. Heard upon bill, answer,and the report of a special master at the-March term, 1892, Washington county. Thompson, chancellor, decreed for the orator as to the entire premises claimed by him.. The de- ■ fendants appeal. The-opinion states the case. The last description will prevail. Wilder v. Davenport, 58 Vt. 642; Lippett v. Kelley, 46 Vt. 516; 2 Wash. Real Prop. 684. The description by metes and bounds must govern. Gil-man v. Smith, 12 Vt. 150; Morrow v. Wilson, 30 Vt. 118; Spiller v. Scribner, 36 Vt. 245.
1Opinion of the Court
'The opinion of the court was "delivered by'
ROSS, Ch. J.
The pleadings in this case have not been furnished. We assume they are drawn so as to raise the question discussed.
The contention "is in regard to what is conveyed by the mortgáge sought to be foreclosed. The description of the premises is in these words : “Being fifty acres of land in the southeasterly corner of lot number six in the tenth range, except one acre heretofore conveyed by Silas Black to Samuel Pratt; also a part of the west end of lot ’ number five in said tenth range, lying west óf the road; being all and the same farm and…
2Cases cited4 opinions
- Hibbard v. HurlburtSupreme Court of Vermont · 1838
- Spiller v. ScribnerSupreme Court of Vermont · 1863
- Morrow v. WillardSupreme Court of Vermont · 1857
- Gilman v. SmithSupreme Court of Vermont · 1840
3Cited by7 opinions
- Parrow v. ProulxSupreme Court of Vermont · 1940
- Cutler Co. v. BarberSupreme Court of Vermont · 1919
- Graham v. SlaytonSupreme Court of Vermont · 1961
- Huntley v. HoughtonSupreme Court of Vermont · 1911
- Hatcher v. Virginia Mining CompanyCourt of Appeals of Kentucky (pre-1976) · 1926
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