Legal Opinion

Kelly v. Clement National Bank

Supreme Court of Vermont

Decided January 2, 1940PublishedCited by 6 opinions

1Opinion of the CourtSherburne, J.

In 1934 the plaintiff gave the defendant a • mortgage upon a piece of land in the city of Rutland. Upon the default of the plaintiff the defendant commenced foreclosure proceedings and obtained a decree on February 9, 1937. The time fixed for redemption is not found, but, as suggested by the plaintiff, we assume that it was the usual period of one year according to Chancery Eule 38, sec. 4. Prior to March 9, 1938, the defendant had not interfered with the plaintiff’s possession of the property or with her collection of rents from the tenant thereon; but on that date the defendant had a…

2Cases cited10 opinions

  1. Stedman v. GassettSupreme Court of Vermont · 1846
  2. Crahan v. Town of ChittendenSupreme Court of Vermont · 1909
  3. Lull v. MatthewsSupreme Court of Vermont · 1847
  4. Seaver v. DurantSupreme Court of Vermont · 1866
  5. Chapman v. SmithSupreme Court of Vermont · 1837

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3Cited by6 opinions

  1. Canney v. Merchants Bank (In re Canney)Court of Appeals for the Second Circuit · 2002
  2. Rassman v. American Fidelity CompanySupreme Court of Vermont · 1983
  3. Town of Bristol v. United States ex rel. Small Business AdministrationDistrict Court, D. Vermont · 1970
  4. In Re GalvinUnited States Bankruptcy Court, D. Vermont · 1990
  5. In Re John R. Canney, Iii, Chapter 7 Trustee for the Estate of Maxwell Frazer, Trustee, John R. Canney, Iii, Chapter 7 Trustee for the Estate of Maxwell Frazer, United States Trustee, Trustee, Town of Weathersfield, Movant v. Merchants BankCourt of Appeals for the Second Circuit · 2002

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