Legal Opinion

Phelps v. Root

Supreme Court of Vermont

Decided May 11, 1906PublishedCited by 8 opinions

Appeal in Chancery, Grand Isle County. Heard at Chambers, July 31, 1905, on pleadings, master’s report, and exceptions thereto. Rowell, Chancellor. Exceptions overruled. Decree of redemption for the orators “according to the prayer of the bill and the agreement found by the master.” The defendants appealed.

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Appeal in Chancery, Grand Isle County. Heard at Chambers, July 31, 1905, on pleadings, master’s report, and exceptions thereto. Rowell, Chancellor. Exceptions overruled. Decree of redemption for the orators “according to the prayer of the bill and the agreement found by the master.” The defendants appealed. The prayer of the bill is: “That the said Lydia M. Root may be ordered, and decreed to render an account of the rents, profits and products of said premises since she went into possession of the same, and that these complainants may be ordered and allowed to redeem said premises by the…

1Opinion of the CourtWatson, J.

The Burlington Savings Bank, the owner of the first mortgage on the lands described in the bill, brought its petition to foreclose the same at the April term, 1892, of the court of chancery in the county of Chittenden, making the *497orators in this case and one J. D. Beeman, the then owners of the equity of redemption, and Lydia M. Root, the defendant in this case, the owner and holder of a second mortgage, parties defendant. A decree was obtained that unless the defendants therein pay to the bank the sum of $4,167.91 with interest from the nth day of April, 1892, to the time of payment, and…

2Cases cited16 opinions

  1. Schroeder v. YoungSupreme Court of the United States · 1896
  2. Howard v. ScottSupreme Court of Vermont · 1877
  3. Earle v. GroutSupreme Court of Vermont · 1873
  4. Collamer v. LangdonSupreme Court of Vermont · 1856
  5. In re MerrillSupreme Court of Vermont · 1881

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3Cited by8 opinions

  1. Smith v. ReynoldsSupreme Court of Vermont · 1920
  2. Trudeau v. LussierSupreme Court of Vermont · 1963
  3. Gordon v. DeavittSupreme Court of Vermont · 1912
  4. First Vermont Bank & Trust Co. v. KalomirisSupreme Court of Vermont · 1980
  5. Berkley v. Burlington Cadillac Co., Inc.Supreme Court of Vermont · 1925

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