Morse v. Morse
Supreme Court of New Hampshire
Bill in Equity, to foreclose a mortgage made to the plaintiff’s by Y. M.. the father of the defendants. Facts found by the court. The plaintiff and Y. M., being owners of a tract of land as tenants in common, — the plaintiffs of one half, and Y. M. of the other half,— the plaintiffs sold and conveyed their interest to Y. M., and at the same time, and as part of the same transaction, took from him the mortgage to secure the payment of the price.
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Bill in Equity, to foreclose a mortgage made to the plaintiff’s by Y. M.. the father of the defendants. Facts found by the court. The plaintiff and Y. M., being owners of a tract of land as tenants in common, — the plaintiffs of one half, and Y. M. of the other half,— the plaintiffs sold and conveyed their interest to Y. M., and at the same time, and as part of the same transaction, took from him the mortgage to secure the payment of the price. The deed was dated April 24, 1857, and was of the plaintiffs’ interest in the land described by metes and bounds. The mortgage was of “ a certain…
1Opinion of the CourtStanley, J.
In the construction of written instruments, the inquiry is,What was the intention of the person executing the instrument to be construed ? That inquiry is to be answered, like a question of fact, by the weight of competent evidence. No technical rules of construction applicable to all cases can be established. The intention in each case must be determined by the evidence bearing on the question. Rice v. Society, 56 N. H. 191, 198, 203; Houghton v. Pattee, 58 N. H. 326.
“ A certain tract of land, being the same premises conveyed to me,” was intended, we think, as a description of the tract…
2Cases cited2 opinions
- Houghton v. PatteeSupreme Court of New Hampshire · 1878
- Rice v. Boston Port & Seaman's Aid SocietySupreme Court of New Hampshire · 1875
3Cited by6 opinions
- Opinion of the JusticesSupreme Court of New Hampshire · 1891
- Brown v. BartlettSupreme Court of New Hampshire · 1879
- Upton v. HosmerSupreme Court of New Hampshire · 1900
- Cram v. CramSupreme Court of New Hampshire · 1884
- Boston, Concord & Montreal Railroad v. Boston & Lowell RailroadSupreme Court of New Hampshire · 1888
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