Johnson v. Churchill's Admr.
Supreme Court of Vermont
Appeal in Chancery. Petition to foreclose a mortgage of real estate. Heard on the pleadings and master’s report, at the December Term, 1913, Windsor County, Stanton, Chancellor. Decree, pro forma, dismissing the petition. The petitioner appealed. The opinion fully states the case.
1Opinion of the CourtWatson, J.
The mortgage sought to be foreclosed was executed and delivered to the petitioner on September 14, 1906, by Frank C. Churchill, then in life, to secure the payment of a certain promissory note described therein. At the time of the execution of this mortgage, the defendant Ella J. Churchill was the' wife of Frank and so remained to the time of his death, February 8, 1908. She did not join in the execution and ac: knowledgement of the mortgage. It is contended in defence that at the time the mortgage was given and at the time of Frank’s death, the land covered by the mortgage constituted his…
2Cases cited7 opinions
- Martin v. HarringtonSupreme Court of Vermont · 1901
- Laird v. PerrySupreme Court of Vermont · 1902
- Davis v. DavisSupreme Court of Vermont · 1908
- Cushman v. DavisSupreme Court of Vermont · 1906
- Rice v. RuddSupreme Court of Vermont · 1885
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3Cited by1 opinion
- Estate of Girard v. LairdSupreme Court of Vermont · 1993