Ludlow Savings Bank & Trust Company v. Charles H. Knight

• Decision Date: 18 January 1917
• Citation: Ludlow Savings Bank & Trust Company v. Charles H. Knight, 99 A. 633, 91 Vt. 172 (Vt. 1917)
• Parties: LUDLOW SAVINGS BANK & TRUST COMPANY v. CHARLES H. KNIGHT
• Court: Vermont Supreme Court

99 A. 633

91 Vt. 172

LUDLOW SAVINGS BANK & TRUST COMPANY v. CHARLES H. KNIGHT

Supreme Court of Vermont

January 18, 1917

January Term, 1917.

PETITION to foreclose a mortgage upon real estate. Heard in vacation after the June Term, 1916, Windsor County, Slack Chancellor, on appeal from the assessment by the clerk of the amount due in equity under the mortgage. Decree, sustaining the assessment. The defendant moved for an appeal, but permission therefor was not given by the chancellor. In Supreme Court the petitioner moved to dismiss the attempted appeal.

Appeal dismissed, with costs.

William W. Stickney, John G. Sargent and Homer L Skeels for petitioner.

Marvelle C. Webber for defendant.

Present: MUNSON, C. J., WATSON, HASELTON, POWERS, and TAYLOR, JJ.

OPINION

PER CURIAM

The plaintiff brought a petition in chancery therein seeking to foreclose a mortgage covering premises on which defendant held a second mortgage. The defendant seasonably entered his appearance therein, but did not make answer or file an affidavit of defence. Ch. Rule 38. In due course, the petition was taken as confessed, and the sum due in equity was found by the clerk. From this assessment the defendant appealed to the chancellor. The assessment was sustained and a decree made accordingly. The defendant seasonably filed his motion for an appeal, but the chancellor did not grant permission therefor. The plaintiff files a motion to dismiss this attempted appeal.

Chancery appeals are a matter of statute, and it is only by force of the statute that such an appeal can be had. Gove v Gove's Adm'r, 87 Vt. 468, 89 A. 868. By the express terms of P. S. 1307, an appeal from a decree of foreclosure can only be had by permission of the court. And this is an appeal or attempted appeal from a decree of foreclosure, though...