Blair v. White
Supreme Court of Vermont
Petition, to foreclose a mortgage brought by the orator as- the executor of Henrietta Henderson against Jacob Worthen, Nelson Forsyth, and the defendant White as the administrator of Elizabeth Forsyth, wife of Nelson Forsyth. The petition was taken as confessed as to all the defendants except the defendant Worthen, who filed an answer.
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Petition, to foreclose a mortgage brought by the orator as- the executor of Henrietta Henderson against Jacob Worthen, Nelson Forsyth, and the defendant White as the administrator of Elizabeth Forsyth, wife of Nelson Forsyth. The petition was taken as confessed as to all the defendants except the defendant Worthen, who filed an answer. The case was referred to a special master to hear and report the facts, and was heard at the December Term of the Caledonia County Court of Chancery, 1886, upon the pleadings, Master’s report and exceptions by both parties thereto. Powers, Chancellor, decreed…
1Opinion of the Court
Tl\e opinion of the court was delivered by
Rowell, J.
The defendant Worthen’s answer is not precise as to the ground of defense. There are statements in it which, if taken by themselves, would indicate a claim that the notes he passed over to the testatrix, Miss Henderson, were by the transaction between them, paid and extinguished as to the maker as well as to him. But taken all together, the fair scope of the answer is considered to be, not that these notes were thereby extinguished as to the maker, but that as to this defendant they were thereby postponed to the defendant’s remaining notes…
2Cases cited2 opinions
- Keyes v. Wood, Grant & Co.Supreme Court of Vermont · 1849
- Tinkham v. SmithSupreme Court of Vermont · 1883
3Cited by2 opinions
- Bartlett v. WadeSupreme Court of Vermont · 1894
- Vincent v. VincentSupreme Court of Vermont · 1941