75 Vt. 389 | Vt. | 1903
When this case was before this Court and heard upon the report of the special master, as reported in 73 Vt. 134, 50 Atl. 810, it was held that the mortgage executed by Lydia Hutchinson and her husband, and sought to be foreclosed, was void because the name of the husband was not inserted in the body of the mortgage deed as a grantor; that this could not be validated without statutory power therefor; that the transaction could not be treated as an equitable mortgage; that the defendants did not hold the premises in trust for the petitioner; that we could not well say, from the record, whether the necessary elements to make a case for recission of the contract existed; and thereupon the case was remanded to the Court of Chancery without directing a final decree against the petitioner, but leaving him at liberty to apply further if he should be so advised.
After the cause was remanded to the Court of Chancery, the petitioner there attempted-to amend his petition; but in
Decree affirmed and cause remanded.