Downer v. Fox
Supreme Court of Vermont
In Chancery. Appeal from a decree of the court of chancery. It appeared, that the defendant Fox mortgaged certain premises to one Marshall, November 24, 1837, to secure a debt of §500,00. On the 21st day of November, 1842, the defendant Bowen attached the same premises by virtue of a writ of attachment against Fox and the defendant Sawyer and others.
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In Chancery. Appeal from a decree of the court of chancery. It appeared, that the defendant Fox mortgaged certain premises to one Marshall, November 24, 1837, to secure a debt of §500,00. On the 21st day of November, 1842, the defendant Bowen attached the same premises by virtue of a writ of attachment against Fox and the defendant Sawyer and others. On the 22d day of November, 1842, Fox mortgaged the same premises to the orator, to secure a debt of $413,59, payable in three years. Marshall brought a bill to foreclose his mortgage, making Fox and the orator defendants, and obtained a decree…
1Opinion of the Court
*391The opinion of the court was delivered by
Davis, J.
The orator, having paid off a mortgage to Marshall, an incumbrance existing prior to his mortgage, and prior to Bowen’s attachment, claims to stand subrogated to all the equitable rights of Marshall as against the defendants. Whether he has this right, or not, is the only question in the case. There is no ground for saying, that the orator was a mere volunteer, assuming a debt, which he was under no obligation to pay and had no interest in paying. As a subsequent mortgagee, it was clearly his right to discharge that incumbrances, with a view…
2Cases cited1 opinion
- Payne v. HathawaySupreme Court of Vermont · 1831
3Cited by4 opinions
- Mattison v. MarksMichigan Supreme Court · 1875
- Bullard v. LeachSupreme Court of Vermont · 1854
- Lamb v. MasonSupreme Court of Vermont · 1877
- Chandler v. DyerSupreme Court of Vermont · 1864