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LaFARR v. SCRIBNER

No. 86-499.

549 A.2d 651 (1988)

Noel J. LaFARR v. Steven E. and Nancy J. SCRIBNER.

Supreme Court of Vermont.

June 24, 1988.

Attorney(s) appearing for the Case

Lawrence H. Bruce, Jr., St. Albans, for plaintiff-appellee.

Kathleen McMahon Bristol of Ward & Associates, South Burlington, for defendants-appellants.

Before ALLEN, C.J., PECK, GIBSON and DOOLEY, JJ., and KEYSER, J. (Ret.), Specially Assigned.

GIBSON, Justice.

Defendants appeal from a judgment of the Franklin Superior Court barring their utilization of claimed affirmative defenses in a suit for recovery on a note due to plaintiff. We reverse.

I.

In 1980, defendants gave plaintiff a second mortgage and a note secured by land and premises in defendants' possession. Thereafter, plaintiff brought a foreclosure proceeding, and in 1983, the Franklin Superior Court issued a judgment and decree...

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