Belknap v. Dennison
Supreme Court of Vermont
This was a petition to foreclose a mortgage, and was'heard at the December Term, 1887, upon petition, answer, replication and proofs. Royce, Chancellor, decreed that the prayer of the petition be granted. Appeal by the defendant. The defendant took a second mortgage on the premises in 1878. In 1882 the petitioner took an assignment of the first mortgage, and in 1885 bought and took a conveyance to himself •of the fee.
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This was a petition to foreclose a mortgage, and was'heard at the December Term, 1887, upon petition, answer, replication and proofs. Royce, Chancellor, decreed that the prayer of the petition be granted. Appeal by the defendant. The defendant took a second mortgage on the premises in 1878. In 1882 the petitioner took an assignment of the first mortgage, and in 1885 bought and took a conveyance to himself •of the fee. The remaining facts sufficiently appear in the •opinion. cited to the point that no merger was, wrought. Myers v. Brownell, 1 D. Chip. 454 ; 4 Kent’s Comm. 102-3; Carpenter v.…
1Opinion of the Court
The opinion of the court was delivered by
Tyler, J.
This case is heard' upon the petition, answer, replication and proofs taken.
The defendant claims that upon the conveyance from the mortgagors of their equitable interest in the premises to the peti*521fionee, who is the assignee of the first mortgage, the petitioner’s mortgage interest became merged in the equitable estate so conveyed to him.
It appears that at the time the petition was brought the mortgage notes were still held by the petitioner and unpaid, that his mortgage had not been discharged, that he paid no consideration whatever for the…
2Cases cited2 opinions
- Walker, Smith & Co. v. BaxterSupreme Court of Vermont · 1854
- Carpenter v. GleasonSupreme Court of Vermont · 1885
3Cited by7 opinions
- Waterman v. MoodySupreme Court of Vermont · 1918
- Island Pond National Bank v. LacroixSupreme Court of Vermont · 1932
- Shattuck v. Belknap Savings BankSupreme Court of Kansas · 1901
- Howard v. ClarkSupreme Court of Vermont · 1899
- Fowler v. CarterNew Mexico Supreme Court · 1967
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