Frye v. Hubbell
Supreme Court of New Hampshire
Writ oe Entry, to foreclose a mortgage. Plea, tire general issue and a brief statement, as follows: That tbe action did not accrue witbin twenty years of tbe date of tbe writ; that tbe defendants bad not disseized tbe plaintiff witbin twenty years; that tbe plaintiff was never seized-of tbe premises; payment; accord and satisfaction; that tbe action was not brought witbin two years of the original grant of administration; that tbe plaintiff’s mortgage was subject to a prior…
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Writ oe Entry, to foreclose a mortgage. Plea, tire general issue and a brief statement, as follows: That tbe action did not accrue witbin twenty years of tbe date of tbe writ; that tbe defendants bad not disseized tbe plaintiff witbin twenty years; that tbe plaintiff was never seized-of tbe premises; payment; accord and satisfaction; that tbe action was not brought witbin two years of the original grant of administration; that tbe plaintiff’s mortgage was subject to a prior mortgage to tbe Newport Savings Bank, which bad been foreclosed, and tbe title bad come to tbe defendant Abbie A.…
1Opinion of the CourtParsons, C. J.
The only questions of law transferred are those raised by the exceptions to the denial of the motion for a nonsuit and verdict in favor of Mary A. Hubbell, to the verdict directed for the plaintiff against her, and to the final instructions given the jury as to the effect of evidence that certain sums were paid and accepted in full satisfaction of the debt.
There was no error in the denial of the motion for a nonsuit and verdict. Section 6, chapter 191, Public Statutes, suspends in favor of the executor the running of the statute of limitations as to all rights of action existing in favor of…
2Cases cited18 opinions
- Jaffray v. . DavisNew York Court of Appeals · 1891
- Kellogg v. RichardsNew York Supreme Court · 1835
- Guild v. ButlerMassachusetts Supreme Judicial Court · 1879
- Rector, Etc. v. . TeedNew York Court of Appeals · 1890
- Landrum v. Trowbridge, Dwight & Co.Court of Appeals of Kentucky · 1859
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3Cited by15 opinions
- Gholson v. SavinOhio Supreme Court · 1941
- Marysville Development Co. v. HargisIdaho Supreme Court · 1925
- C. S. Brackett Co. v. LofgrenSupreme Court of Minnesota · 1918
- Silvers Box Corp. v. Boynton Lumber Co.Court of Appeals of Texas · 1927
- State v. Massachusetts Bonding & InsuranceSuperior Court of Delaware · 1939
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