Benton v. Sumner
Supreme Court of New Hampshire
From Cobs Circuit Court. "Writ op Entry, on a mortgage. The plaintiffs introduced a mortgage to them, dated December 29, 1870, duly executed and recorded.
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From Cobs Circuit Court. "Writ op Entry, on a mortgage. The plaintiffs introduced a mortgage to them, dated December 29, 1870, duly executed and recorded. The condition in the mortgage is -as follows : “ Nevertheless it is to be considered, and the condition of the foregoing deed is, that if said first-named grantors, their executors and administrators, shall well and truly indemnify said Benton and Whidden against all loss, cost, and damage, and expense they or either of them may be subjected to by reason of signing and endorsing the notes for said James B. Sumner, now payable, and at the…
1Dissent
The objection made by the defendants to the plaintiffs' mortgage is, that the incumbrance designed to be created is not stated with sufficient fulness and certainty. The cases of Bassett v. Bassett,10 N.H. 64, New Hampshire Bank v. Willard, 10 N.H. 210, and Boody v. Davis,20 N.H. 140, are the principal authorities on this point. In Bassett v. Basset and Bank v. Willard the condition of the mortgage was, to secure the payment of a bond. The condition of the bond was not set out in either case, but that was held no objection. In Bank v. Willard the condition of the bond was very similar to the…
2Cases cited3 opinions
- Boody v. DavisSuperior Court of New Hampshire · 1849
- New-Hampshire Bank v. WillardSuperior Court of New Hampshire · 1839
- Bassett v. BassettSuperior Court of New Hampshire · 1839