NORTON v. HAGGETT

No. 820.

85 A.2d 571 (1952)

NORTON v. HAGGETT et al.

Supreme Court of Vermont. Orange.

January 2, 1952.


Attorney(s) appearing for the Case

Stanley L. Chamberlin, Randolph, Finn & Monti, Barre, for plaintiff.

Wilson & Keyser, Chelsea, Elton E. Stevens, Randolph, for Haggetts.

Norbert J. Towne, Northfield, for Northfield Sav. Bank.

Before SHERBURNE, C. J., and JEFFORDS, CLEARY, ADAMS and BLACKMER, JJ.


BLACKMER, Justice.

The plaintiff, K. E. Norton, seeks equitable relief because he paid and discharged a note and the mortgage securing it. The bill alleges that the payment was made under a mutual mistake, and that the defendants, Roy M. and Hazel C. Haggett and the Northfield Savings Bank are guilty of fraud and conspiracy. The case was heard by the chancellor, facts found, and a decree entered dismissing the bill; it is here on the plaintiff's exceptions.

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