95 Vt. 441 | Vt. | 1921
This is a suit to foreclose a real estate mortgage given to plaintiff by defendant Oscar. Two questions are presented for review: The validity of the mortgage, and the right of Oscar to demand an accounting in these proceedings, by way of cross bill, of certain business dealings between himself and plaintiff, wholly unconnected with the mortgage transaction.
It appears from the chancellor’s findings that the mortgage bears date October 14, 1916, and was given to secure the payment of a negotiable promissory note of same date and any renewals thereof; that both mortgage and note were in fact made and executed Sunday, October 15, 1916, being antedated at the suggestion of the town clerk who acted as scrivener; that the mortgage was filed for record as of October 14, 1916; that Oscar renewed the note several times and finally by giving the note outstanding at the time these proceedings were commenced; that on March 14, 1919, Oscar conveyed the mortgaged premises by deed of warranty, duly executed and recorded, to defendant Leon; that by the terms of this deed, Leon, as part consideration thereof, agreed to pay any existing mortgages on the premises and save the grantor harmless from all claims of every description thereon “as now appears by the town clerk’s record of Mt.
Two of the credits claimed by Oscar were found, to be, in effect, payments on the mortgage note, and were allowed as such. Three of the claimed credits were found to be “purely matters of
Decree affirmed and cause remanded.