Hall v. Hall
Supreme Court of New Hampshire
Bill in Equity, which contained the following statements: On the 18th of February, 1858, Henry E. Hall mortgaged to Charles E. Hall, land in Exeter, to secure a promissory note of that date for $1000, payable to Charles E. Hall on demand, with interest annually. On the 5th of July, 1851, Henry R. Hall paid Charles E. Hall $100, and on the 7th of September, 1852, another sum of $100 for interest on that note and another of the same date.
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Bill in Equity, which contained the following statements: On the 18th of February, 1858, Henry E. Hall mortgaged to Charles E. Hall, land in Exeter, to secure a promissory note of that date for $1000, payable to Charles E. Hall on demand, with interest annually. On the 5th of July, 1851, Henry R. Hall paid Charles E. Hall $100, and on the 7th of September, 1852, another sum of $100 for interest on that note and another of the same date. At and after the execution of the mortgage, Kinsley Hall, father of Charles E. Háll, Henry R. Hall, and Benjamin E. Hall, the plaintiff, together with his…
1Opinion of the CourtPerley, C. J.
The bill is brought by the party who claims to own the equity of redemption against the administratrix of the mortgagee and the tenant in possession. It states a tender, of the sum alleged to be due, prays for a liquidation of the amount due, for a decree that the administratrix idease the mortgage, for a discovery, and for an injunction against the suit at law. The demurrer raises the general question whether the bill cam be maintained.
The statute provides that the party, who has the right to redeem a mortgage, may pay or tender the amount due and may thereupon apply by petition for a decree…
2Cited by1 opinion
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