Brown v. Cram
Superior Court of New Hampshire
THIS was an action of replevin for certain cattle.. The defendant avowed the taking, damage feasant on his own freehold; and on the question of freehold; issue was joined. Roth parties claimed the locus in quo under Benjamin Butman. The defendant, in support of his title, gave in evidence a quitclaim deed from Beniamin Butman, bearing date March Till, 1817, and acknxn.
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THIS was an action of replevin for certain cattle.. The defendant avowed the taking, damage feasant on his own freehold; and on the question of freehold; issue was joined. Roth parties claimed the locus in quo under Benjamin Butman. The defendant, in support of his title, gave in evidence a quitclaim deed from Beniamin Butman, bearing date March Till, 1817, and acknxn. I dgod and recorded the same day ; and proved that on the 12th of March, 1817, he entered on the premises, mule some repairs, and gave permission to Nathaniel Butman, who resided in a house on the premises, to occupy the house…
1Opinion of the Court
Bell, J.*
The decision of this question depends upon the nature of the estate which passes to the mortgagee by a deed of mortgage in fee in common form.
If such deed of mortgage passes a present estate in fee, the plaintiffs’ evidence is sufficient to maintain their action.
*171The deeds of mortgage under which the plaintiffs claim purport to convey not a future and contingent, but a present and certain estate in fee: they contain every requisite for this purpose — a consideration — and words expressing a present transfer of the entire estate of the mortgagor, ■
The mortgage deeds were duly…
2Cases cited3 opinions
- Green v. KempMassachusetts Supreme Judicial Court · 1816
- Erskine v. TownsendMassachusetts Supreme Judicial Court · 1807
- Inhabitants of Groton v. Inhabitants of BoxboroughMassachusetts Supreme Judicial Court · 1809
3Cited by6 opinions
- Southerin v. MendumSuperior Court of New Hampshire · 1831
- Smith v. MooreSuperior Court of New Hampshire · 1840
- Rigney v. LovejoySuperior Court of New Hampshire · 1842
- Hartshorn v. HubbardSuperior Court of New Hampshire · 1822
- State v. MarionSupreme Court of New Hampshire · 1982
1 more not listed; retrieve them via the Exa API.