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RUSSELL v. ROBERTS

No. 13-68.

254 A.2d 587 (1969)

A. Robert RUSSELL, Jr. v. George ROBERTS, Sr., Paul Roberts, Clifford and Carrie Playful.

Supreme Court of Vermont. Chittenden.

June 3, 1969.

Attorney(s) appearing for the Case

Robert M. Rosenberg, Jr., Burlington, for plaintiff.

Peter E. Piche, Burlington, for Paul Roberts.

Lloyd A. Portnow, Burlington, for Clifford and Carrie Playful.

Before HOLDEN, C. J., SHANGRAW, BARNEY and KEYSER, JJ., and DALEY, Superior Judge.

SHANGRAW, Justice.

On October 13, 1961 plaintiff purchased property of the defendant, George Roberts, Sr. and his wife Kathryn E. Roberts, located in Burlington, Vermont, and gave a second mortgage thereon to the grantors.

On August 5, 1965 plaintiff conveyed the property to the defendants, Clifford and Carrie Playful, who assumed to pay the balance remaining on this second mortgage.

On the 18th day of September 1967 the defendant George Roberts, Sr...

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