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MONTPELIER SAVINGS BANK & TRUST CO. v. MITCHELL

No. 1898.

165 A.2d 369 (1960)

MONTPELIER SAVINGS BANK & TRUST CO. v. Kenneth C. MITCHELL et al., and Trustees.

Supreme Court of Vermont. Washington.

November 1, 1960.

Attorney(s) appearing for the Case

W. Edson McKee, Montpelier, for plaintiff.

Paterson & Eldredge, Montpelier, for defendant.

Before HULBURD, C. J., and HOLDEN, SHANGRAW, BARNEY and SMITH, JJ.

HULBURD, Chief Justice.

This case involves the distribution by the officer of the proceeds received from a foreclosure sale on a conditional vendor's lien. We are concerned with the first two sentences of 9 V.S.A. § 1695 which reads as follows: "The proceeds of such sale shall be applied to the payment of the lien and the costs and expenses of keeping the property and sale. The balance shall be paid on demand to the vendee or the person holding under him." So...

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