Hyndman v. Hyndman
Supreme Court of Vermont
Appeal from tlie court of chancery. The facts, as they appeared from the bill and answer and the testimony taken, were substantially as follows. In 1832 the orator, being indebted to the defendant and William Hyndman, executed to them an absolute deed of his farm in Barnet and received back a writing of defeasance.
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Appeal from tlie court of chancery. The facts, as they appeared from the bill and answer and the testimony taken, were substantially as follows. In 1832 the orator, being indebted to the defendant and William Hyndman, executed to them an absolute deed of his farm in Barnet and received back a writing of defeasance. The orator received farther advances from time to time, until 1836, when the parties reckoned together the amount due and found it to be $608,69, and then agreed, that the defendant and William Hyndman should have the farm, free from the orator’s equity of redemption, at eight…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
This is an appeal from a decree made by the chancellor of this circuit. When the case was heard in the court of chancery, it appeared to me to be one of so much doubt, that I did not feel justified in exposing the parties to the expense of taking an account of so long standing, until the necessity for such expense was fully established by the decision of this court. In that view I understand my brethren fully to concur. We by no means justify the practice, sometimes adopted in the court of chancery, of allowing appeals upon merely formal…
2Cited by10 opinions
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- Davis v. SmithSupreme Court of Vermont · 1875
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