Smalley v. Hickok
Supreme Court of Vermont
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…
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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
- American Mortgage Co. v. WilliamsSupreme Court of Arkansas · 1912
- Kopper v. DyerSupreme Court of Vermont · 1887
- Whiting v. ButlerMichigan Supreme Court · 1874
- Littell v. JonesSupreme Court of Arkansas · 1892
- Trudeau v. LussierSupreme Court of Vermont · 1963
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