Legal Opinion

Smalley v. Hickok

Supreme Court of Vermont

Decided January 15, 1840PublishedCited by 7 opinions

The orators, in their bill, stated, in substance, that, on the 10th of March, 1825, Eli N. Johnson executed a mortgage of certain land and buildings, in St. Albans, to the defendants, to secure six notes, of that date, -of $100 each, payable in beef cattle, on the first day of November, or in grain, on the first day of March, following, one note annually ; that on the first of March, 1826, Johnson conveyed a part of the same land to N. B. & H. Wells, who conveyed a part to…

Read the full summary

The orators, in their bill, stated, in substance, that, on the 10th of March, 1825, Eli N. Johnson executed a mortgage of certain land and buildings, in St. Albans, to the defendants, to secure six notes, of that date, -of $100 each, payable in beef cattle, on the first day of November, or in grain, on the first day of March, following, one note annually ; that on the first of March, 1826, Johnson conveyed a part of the same land to N. B. & H. Wells, who conveyed a part to Watson ; that, at a session of the supreme court, at Burlington, in January, 1830, the present defendants exhibited their…

1Opinion of the Court

The opinion of the court was delivered by

Collamer, Chancellor.

— The decree of foreclosure was by a court having jurisdiction of the subject matter, and the parties, and was procured without fraud, and must be binding until reversed; though it is not now the usage of this court to include, in a decree of foreclosure, payments, not due, to be made in specific articles of property.

*163It is a general rule that the receiving, in whole or in part, the mortgage debt, included in a decree of foreclosure, after it has become absolute, will let in the mortgagor to redeem. But the whole of that doctrine…

2Cited by7 opinions

  1. American Mortgage Co. v. WilliamsSupreme Court of Arkansas · 1912
  2. Kopper v. DyerSupreme Court of Vermont · 1887
  3. Whiting v. ButlerMichigan Supreme Court · 1874
  4. Littell v. JonesSupreme Court of Arkansas · 1892
  5. Trudeau v. LussierSupreme Court of Vermont · 1963

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API