Bullard v. Leach
Supreme Court of Vermont
[IN CHANCERY.] Payment of mortgage treated as a purchase. Levying creditor a proper party to a bill of foreclosure. Bill to foreclose the defendant’s equity of redemption in certain premises in Stockbridge, mortgaged by Calvin W. Greenleaf to the Mutual Manufacturing Company, on the 16th of January, 1846, to secure the payment of four promissory notes, of that date, of $100.00 each, payable on the first days of April, of the years 1846-7-8 and 9. Cross bill, for an account…
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[IN CHANCERY.] Payment of mortgage treated as a purchase. Levying creditor a proper party to a bill of foreclosure. Bill to foreclose the defendant’s equity of redemption in certain premises in Stockbridge, mortgaged by Calvin W. Greenleaf to the Mutual Manufacturing Company, on the 16th of January, 1846, to secure the payment of four promissory notes, of that date, of $100.00 each, payable on the first days of April, of the years 1846-7-8 and 9. Cross bill, for an account of the rents and profits. From the bills, answers, exhibits and testimony the following facts appeared. On the 16th of…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
The object of this bill is to enable the orator to set up the mortgage executed by Calvin W. Greenleaf to the Mutual Manufacturing Company, as against the title of Leach, under his attachment and levy of execution upon Greenleaf’s equity of redemption.
It is claimed by the defendant’s counsel, that as the plaintiff purchased the equity of redemption of Greenleaf, with notice of the prior attachment of the orator, and having agreed, as a consideration of the purchase, to pay the mortgage debt, and having paid it he cannot now set up the…
2Cases cited4 opinions
- Payne v. HathawaySupreme Court of Vermont · 1831
- Downer v. FoxSupreme Court of Vermont · 1848
- Stafford v. BallouSupreme Court of Vermont · 1845
- Myers v. BrownellSupreme Court of Vermont · 1824
3Cited by6 opinions
- Barnes v. CadyCourt of Appeals for the Sixth Circuit · 1916
- Gleason v. CarpenterSupreme Court of Vermont · 1902
- First Vermont Bank & Trust Co. v. KalomirisSupreme Court of Vermont · 1980
- Hunn v. KoerberSupreme Court of Vermont · 1971
- Anderson v. RobertsonTennessee Supreme Court · 1916
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