Jangraw v. Perkins

• Decision Date: 11 July 1906
• Citation: 79 Vt. 107,64 A. 449
• Parties: JANGRAW et al. v. PERKINS.
• Court: Vermont Supreme Court

64 A. 449

79 Vt. 107

JANGRAW et al.

v. PERKINS.

Supreme Court of Vermont. Washington.

July 11, 1906.

Appeal in Chancery, Washington County; John W. Rowell, Chancellor.

Suit by Oughtney Jangraw and another against Joseph Perkins. From a decree in favor of complainants, defendant appeals. Affirmed.

Argued before TYLER, MUNSON, WATSON, HASELTON, POWERS, and MILES, JJ.

Heaton & Thomas, for appellant. R. M. Harvey and E. M. Harvey, for appellees.

MILES, J. This is a bill in chancery to foreclose a mortgage. It came to this court twice on demurrer to the bill. First in Jangraw et al. v. Perkins, 76 Vt. 127, 56 Atl. 532. The bill was held insufficient on that occasion and the cause was remanded. The bill was amended and again came to this court on demurrer to the amended bill, Jangraw et al. v. Perkins, 77 Vt. 375, 60 Atl. 385. The demurrer to the amended bill was overruled and the bill held sufficient. The cause was remanded, the bill answered, issue joined and referred to a master who heard the case and made his report to the court below. Exceptions to the report and to the admission of certain evidence were taken by the defendant and were overruled by the court and the report accepted, from which an appeal was taken to this court.

The facts alleged in the amended bill, among others not necessary to state, may be briefly summarized as follows: That Mary Jangraw, one of the plaintiffs, being pregnant, instituted bastardy proceedings against one Revett, upon which proceedings he was arrested; that subsequently he procured bail, acknowledged that he was the father of the child, and offered to marry the orator Mary, and fix up the bastardy proceedings in that way; that the father objected to fixing the bastardy proceedings up as thus proposed, unless Revett gave security for the support of the mother and child, but was willing to arrange it and discontinue the bastardy proceedings upon such security being furnished. It was finally arranged that such security should be given and the marriage consummated; that thereupon the mortgage in question was given, the marriage ceremony performed, and the orators, relying upon the mortgage and in consideration thereof, discontinued the bastardy proceedings. The defendant in his answer denied all the allegations in the bill except the giving of the mortgage. The evidence admitted by the master subject to the defendant's exception, and upon which the defendant relies in his brief, is the testimony of Oughtney Jangraw, who testified in substance that Revett offered to marry the orator Mary, and admitted that he was the father of her child, but he. Oughtney, could not consent to the marriage of his daughter unless Revett gave him some security, and that Revett said he could get it. Exceptions were taken by the defendant to the admission of other evidence, but the defendant has not considered them in his brief, and, from what is...