Deavitt v. Ring

• Decision Date: 21 August 1902
• Citation: 74 Vt. 431,52 A. 1045
• Parties: DEAVITT v. RING et al.
• Court: Vermont Supreme Court

52 A. 1045

74 Vt. 431

DEAVITT

v. RING et al.

Supreme Court of Vermont. Washington.

Aug. 21, 1902.

Appeal in chancery, Washington county; Start, Chancellor.

Bill by Edward H. Deavitt against Walter L. Ring, administrator of Jane R. Ring's estate, and W. D. Hall, executor of Alvin C. Ring's will. Prom a pro forma decree upon a master's report dismissing the bill, the orator appeals. Affirmed.

Argued before ROWELL, C. J., and TYLER, MUNSON, START, WATSON, STAFFORD, and HASELTON, JJ.

Edward H. Deavitt, pro se.

Brown & Macomber, for appellees.

START, J. It appears that the National Life Insurance Company, on the 2d day of March, 1881, conveyed a certain piece of land to Jane R. Ring, and on the same day she and her husband mortgaged the same land to the insurance company to secure the payment of $1,000. On the 26th day of July, 1890, Jane R. Ring and her husband, Alvin C. Ring, conveyed one undivided half of the same land to Stillman L. Ring, and he executed a mortgage of the same to Jane R. and Alvin C. Ring, conditioned for the support of Jane R. and Alvin C. Ring and the payment of their debts, including the sum then due to the insurance company on the mortgage aforesaid. Jane R. Ring died January 3, 1892, leaving five children, who are now living; and Wallis L. Ring was appointed administrator of her estate. Alvin C. Ring married again, and on the 4th day of July, 1893, Stillman L. Ring conveyed the one undivided half of the land so conveyed to him to Alvin C. Ring and his then wife, Elizabeth Ring, and Alvin C. and Elizabeth Ring assumed and agreed to pay the amount then due on the mortgage to the insurance company. Alvin C. Ring died October 6, 1898, and William D. Hall is executor of his estate. On the 26th day of July, 1899, the insurance company brought a suit to foreclose its mortgage, and made the administrator of Jane R. Ring's estate, the executor of Alvin C. Ring's estate, and Elizabeth Ring defendants thereto; and such proceedings were had that a decree of foreclosure was entered, by the terms of which the equity of redemption as to the administrator of Jane R. Ring's estate was to expire September 7, 1900, and as to Elizabeth Ring seven days thereafter. The 'administrator did not redeem, and on the 14th day of September, 1900, Elizabeth Ring redeemed the premises by paying to the clerk of the court the amount of the decree. This sum was actually paid by the orator in this case, and on the same day Elizabeth Ring conveyed the premises to the orator by deed of warranty, and the sum so paid by the orator was a part of the consideration paid by him to Elizabeth Ring for the conveyance. Elizabeth Ring has no property aside from a pension. The premises are worth $700. The only actual knowledge the orator had of the title to the land when he took the deed was the knowledge he received from the petition and decree in the foreclosure suit. In taking the conveyance the orator did not intend to become a co-tenant with any other person. The orator prays that he be subrogated to the rights of the insurance company under its mortgage; that the decree be continued in force; that the defendants be decreed to pay to the clerk of the court, for the benefit of the orator, the amount of the decree, with interest and costs; and that in default thereof the defendants be foreclosed of all equity of redemption in the...