Ellison v. Daniels
Superior Court of New Hampshire
Whit of entry, to recover twenty-five acres of land in Barrington, in the comity of Strafford. Plea, nul disseizin. It appeared, that on August 5, 1814, the demandant was seized of the demanded premises in fee, and that on that day he conveyed the same, together with eight acres of other land, to Joseph Ellison, in mortgage, to secure the payment of the demandant’s promissory note of even date with the deed of mortgage, and payable to the mortgagee on or before August 1,…
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Whit of entry, to recover twenty-five acres of land in Barrington, in the comity of Strafford. Plea, nul disseizin. It appeared, that on August 5, 1814, the demandant was seized of the demanded premises in fee, and that on that day he conveyed the same, together with eight acres of other land, to Joseph Ellison, in mortgage, to secure the payment of the demandant’s promissory note of even date with the deed of mortgage, and payable to the mortgagee on or before August 1, 1818. Joseph Ellison, on November 30, 1820, executed a deed of the premises to Abraham Ellison, with covenants of warranty,…
1Opinion of the CourtWoods, J.
This action is brought by the demandant to recover possession of a tract of land conveyed by him in mortgage to one Joseph Ellison, while the mortgage still continues outstanding and in full force.
Upon the facts reported, there can be no pretence that *277the mortgage has been foreclosed as to the lands in question. Under our statute, no possession, short of a peaceable and continued actual possession, for one year after entry, can operate a foreclosure of a mortgage. N. H. Laws 486. it does not appear that Joseph Ellison, the mortgagee, was ever in the actual possession of the twenty-five acres…
2Cases cited5 opinions
- Willington v. GaleMassachusetts Supreme Judicial Court · 1810
- Dexter v. HarrisU.S. Circuit Court for the District of Rhode Island · 1822
- Bell v. MorseSuperior Court of New Hampshire · 1833
- Aymar v. BillNew York Court of Chancery · 1821
- Glass v. EllisonSuperior Court of New Hampshire · 1837
3Cited by16 opinions
- Rigney v. LovejoySuperior Court of New Hampshire · 1842
- Fletcher v. ChamberlinSupreme Court of New Hampshire · 1881
- Clark v. ClarkSupreme Court of New Hampshire · 1875
- Smith v. SmithSuperior Court of New Hampshire · 1844
- Whittemore v. GibbsSuperior Court of New Hampshire · 1852
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