Stevens v. Fellows
Supreme Court of New Hampshire
Assumpsit, upon promissory notes. Facts found by a referee. The notes were secured by a mortgage of real estate. The plaintiff, having recovered conditional judgment upon the mortgage, was put in possession of the real estate, March 1, 1897, and held peaceable possession one year.
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Assumpsit, upon promissory notes. Facts found by a referee. The notes were secured by a mortgage of real estate. The plaintiff, having recovered conditional judgment upon the mortgage, was put in possession of the real estate, March 1, 1897, and held peaceable possession one year. The amount due upon the notes at the date of the judgment was 110,598.34. The plaintiff, acting-under a license from the probate court, sold the real estate by public auction, June 20, 1898, for $6,900. The reasonable expenses of the sale were $81.80. The sale was a fair one, fully advertised, favorably placed,…
1Opinion of the CourtChase, J.
According to well settled law, the foreclosure of the plaintiff’s mortgage paid the notes secured by it to the extent of the value of the real estate thereby obtained at the moment of foreclosure. It is equally well settled that the value was the amount of money for which the real estate could have been sold at a fair sale — that is, a sale held at a reasonable time and place, after reasonable notice, and conducted with reasonable skill and diligence for the purpose of obtaining the highest price. State v. James, 58 N. H. 67; Atlantic & St. Lawrence R. R. v. State, 60 N. H. 133, 140; Low v.…
2Cases cited8 opinions
- Winnipiseogee Lake Cotton & Woolen Mfg. Co. v. GilfordSupreme Court of New Hampshire · 1887
- Low v. RailroadSupreme Court of New Hampshire · 1885
- Winnipiseogee Lake Cotton & Woolen Manufacturing Co. v. GilfordSupreme Court of New Hampshire · 1893
- State v. JamesSupreme Court of New Hampshire · 1877
- Atlantic & St. Lawrence Railroad v. StateSupreme Court of New Hampshire · 1880
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3Cited by3 opinions
- Beers v. DavidsonSupreme Court of New Hampshire · 1924
- McKeen v. CookSupreme Court of New Hampshire · 1905
- Burke v. BiggersLouisiana Court of Appeal · 1920