Tappan v. Evans
Superior Court of New Hampshire
In Equity. The bill alleges that on the 19th of August, 1827, John E. Kelley, jr., David Heath, and John E. Kelley, sen’r, executed a promissory note, by which they jointly and severally, promised Benjamin F. Rogers & Co., or order, §765, in two years, with interest, which note Rogers &, Co. indorsed to the plaintiff—that on the 21st of August, 1829, Heath, for the purpose of securing the payment of the note in part, executed to the plaintiff a mortgage deed of two tracts of…
Read the full summary
In Equity. The bill alleges that on the 19th of August, 1827, John E. Kelley, jr., David Heath, and John E. Kelley, sen’r, executed a promissory note, by which they jointly and severally, promised Benjamin F. Rogers & Co., or order, §765, in two years, with interest, which note Rogers &, Co. indorsed to the plaintiff—that on the 21st of August, 1829, Heath, for the purpose of securing the payment of the note in part, executed to the plaintiff a mortgage deed of two tracts of land in Warner, which was duly recorded on the 27th of the same August—that Kelley, junior, and senior, at the time of…
1Opinion of the CourtPabkeb, C. J.
Upon all the case, except that part relating to the land mortgaged by the defendant Heath, to the plaintiff, and attached and levied on by the defendant Evans, the defendants contend that the plaintiff is not entitled to the relief sought, and cannot maintain his bill for any relief, because they say, that the plaintiff, having obtained a judgment on his demand against Heath, has caused him to be committed to prison on the execution, and still holds his body under that commitment.
*321If this fact is so, and it seems not to be denied in the argument, it would, if properly presented before the…
2Cases cited5 opinions
- Hadden v. SpaderCourt for the Trial of Impeachments and Correction of Errors · 1822
- McElwain v. WillisCourt for the Trial of Impeachments and Correction of Errors · 1832
- Le Guen v. GouverneurCourt for the Trial of Impeachments and Correction of Errors · 1798
- Dodge v. GriswoldSuperior Court of New Hampshire · 1837
- Stilwell v. Van EppsNew York Court of Chancery · 1829
3Cited by8 opinions
- Deckert v. Independence Shares CorporationDistrict Court, E.D. Pennsylvania · 1939
- Gutbier v. Hannaford Bros.Supreme Court of New Hampshire · 2004
- Thompson v. ReedCourt of Appeals for the Ninth Circuit · 1913
- Hoitt v. BurleighSuperior Court of New Hampshire · 1846
- Farley v. BloodSuperior Court of New Hampshire · 1854
3 more not listed; retrieve them via the Exa API.